Ward v. Ward
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. Action for a divorce from the bonds of matrimony. The summons, dated January 25,1865, states that the complaint “ will be filed,” &c.
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APPEAL from the Circuit Court for Waushara County. Action for a divorce from the bonds of matrimony. The summons, dated January 25,1865, states that the complaint “ will be filed,” &c. An order of service by publication was obtained on the day of the date of the summons, and the same was published for six successive weeks, the first publication being on the 28th of January, and the last on the 4th of March, 1865. The complaint was filed April 11th, 1865. It alleges that the defendant abandoned the plaintiff on the 3d of March, 1864, and has wholly neglected to provide for her or to furnish…
1Opinion of the CourtCole, J.
The complaint in this case is fatally defective. It does not show a willful desertion of the wife by the husband for the term of one year next preceding the filing of the complaint, and therefore does not bring the case within subdivision 4, sec. 9, ch. Ill, R. S. Nor does it state a good ground of divorce under subdivision 3, sec. 10. That clause provides that a divorce from bed and board forever, or for a limited time, may be adjudged on the complaint of the wife, when the husband, being of sufficient ability, shall neglect orrefu.se to provide for her. There is no allegation in the…
2Cited by6 opinions
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- Roby v. MurphyAppellate Court of Illinois · 1888
- J. Thompson & Sons Manufacturing Co. v. NichollsNebraska Supreme Court · 1897
- Shields v. StateSupreme Court of Georgia · 1892
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