Eliot v. Eliot
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was brought under sec. 2350, E. S., to annul a marriage of the parties, upon the ground that the plaintiff (the husband) was under eighteen years of age when the same was solemnized. The case was here on a former appeal, which was from an order of the superior court of Milwaukee overruling a general demurrer to* the complaint, and such order was affirmed.
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APPEAL from the Superior Court of Milwaukee County. This action was brought under sec. 2350, E. S., to annul a marriage of the parties, upon the ground that the plaintiff (the husband) was under eighteen years of age when the same was solemnized. The case was here on a former appeal, which was from an order of the superior court of Milwaukee overruling a general demurrer to* the complaint, and such order was affirmed. The averments of the complaint are sufficiently stated in the report of the case on that appeal. 1J Wis. 634. After the cause was remitted the defendant, being in default for…
1Opinion of the Court
The following opinion was filed January 12, 1892:
LyoN, J.
The learned counsel for both parties seem to have treated the order giving the defendant leave to interpose the proposed amended answer as the equivalent of an order overruling a general demurrer to that portion of the answer which is pleaded as an estoppel. We see no objection to determining the appeal on that hypothesis, and perhaps the best interests of the parties require us to do so, but it must be understood that the practice is not to be regarded as a precedent to be followed in other cases.
The question which the respective…
2Cases cited1 opinion
- Eliot v. EliotWisconsin Supreme Court · 1890
3Cited by4 opinions
- Watts v. WattsWisconsin Supreme Court · 1987
- Stetz v. F. Mayer Boot & Shoe Co.Wisconsin Supreme Court · 1916
- Swenson v. SwensonWisconsin Supreme Court · 1923
- Crawford v. CrawfordIllinois Circuit Court · 1899