Legal Opinion

Gallager v. Gallager

Wisconsin Supreme Court

Decided November 22, 1898PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. Action of ejectment to recover homestead and dower interests claimed by plaintiff under the following circumstances: On the 16th day of March, 1893, at the suit of "William Gal-lager, then husband of the plaintiff, a judgment of divorce from bed and board between the parties was duly rendered and a final division of their property was decreed as provided by law.

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Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. Action of ejectment to recover homestead and dower interests claimed by plaintiff under the following circumstances: On the 16th day of March, 1893, at the suit of "William Gal-lager, then husband of the plaintiff, a judgment of divorce from bed and board between the parties was duly rendered and a final division of their property was decreed as provided by law. Part of such property consisted of a homestead occupied by the parties, and that was decreed to the husband, though plaintiff continued to…

1Opinion of the CourtMabshall, J.

The single question presented on this appeal is, Does a divorce from bed and board under the laws of this state, where there is a division of property between the parties, terminate the marriage relation as to property *204rights, except as preserved in. the decree? The trial court decided that question in the affirmative, and it is of such decision that appellant complains. The learned counsel for appellant furnished the court with an exhaustive argument supported by numerous authorities to show that a divorce from bed and board does not change the relation of the parties except as to the duty…

2Cases cited11 opinions

  1. Barrett v. FailingSupreme Court of the United States · 1884
  2. Cummings v. CummingsSupreme Court of Missouri · 1873
  3. Hood v. HoodMassachusetts Supreme Judicial Court · 1872
  4. Owen v. YaleMichigan Supreme Court · 1889
  5. Adams v. StoreyIllinois Supreme Court · 1890

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Von Trott v. Von TrottWisconsin Supreme Court · 1903
  2. Kehl v. KehlWisconsin Supreme Court · 1934
  3. Kuether v. StateWisconsin Supreme Court · 1921
  4. Martin v. MartinWisconsin Supreme Court · 1901
  5. A. D. Baker Co. v. BooherWisconsin Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

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