Thompson v. Thompson
Wisconsin Supreme Court
APPEAL from the Circuit- Court for Milwaukee County. Action by James P. Thompson against Eleanor A. Thompson., commenced in April, 1880, for a divorce from the bonds of matrimony under the 7th clause of sec. 2356, E. S. The complaint alleges, among other things, that about the 1st of July, 1874, the parties agreed to separate, and that, for more than five years next preceding the action, they had voluntarily lived entirely separate.
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APPEAL from the Circuit- Court for Milwaukee County. Action by James P. Thompson against Eleanor A. Thompson., commenced in April, 1880, for a divorce from the bonds of matrimony under the 7th clause of sec. 2356, E. S. The complaint alleges, among other things, that about the 1st of July, 1874, the parties agreed to separate, and that, for more than five years next preceding the action, they had voluntarily lived entirely separate. The answer denies that defendant ever agreed with plaintiff to separate from plaintiff, or that, since their marriage, she has ever voluntarily lived separate…
1Opinion of the CourtOrton, J.
The only question in this case is one of fact: whether the parties, as husband and wife, had “voluntarily lived entirely separate for the space of five years immediately preceding the commencement of the action.” There are two requirements in this cause of divorce: first, that the parties should live entirely separate for five years; second, that such separation should be mutually voluntary. There is no question raised as to the proof of the first requirement; but as to the sepond, it is insisted that the proof shows that her living *156separate from her husband, was not voluntary on the part of…
2Cases cited1 opinion
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