Legal Opinion

Gallagher v. Gallagher

Wisconsin Supreme Court

Decided February 5, 1895PublishedCited by 7 opinions

Appeal from a judgment of tbe circuit court for She-boygan county: N. S. GilsoN, Circuit Judge. This is an. action for divorce, commenced by the husband,, on tbe ground of cruel and inhuman treatment. It appears-that the parties were married in 1848, and are now sixty-two years of age, and that their children are all adults. On the trial much testimony was produced as to the alleged cruel and inhuman treatment, but it is not necessary to state it here.

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Appeal from a judgment of tbe circuit court for She-boygan county: N. S. GilsoN, Circuit Judge. This is an. action for divorce, commenced by the husband,, on tbe ground of cruel and inhuman treatment. It appears-that the parties were married in 1848, and are now sixty-two years of age, and that their children are all adults. On the trial much testimony was produced as to the alleged cruel and inhuman treatment, but it is not necessary to state it here. It appears that at the time the action yms. commenced the parties owned 280 acres of land in Sheboy-gan county. Of this land, the title to the…

1Opinion of the CourtWiNsnow, J.

We are satisfied, from a perusal of the evidence, that there was sufficient evidence in the case to justify the judgment of divorce. The sole remaining question is as to the division of property.

The defendant’s counsel is entirely right in his contention that the court derives its power to pass title to lands upon a judgment of divorce entirely from the statute. Bacon v. Bacon, 48 Wis. 197. The statute provides (R. S. sec. 2364) *465that upon judgment of divorce the court may finally divide and distribute the estate, both real and personal, of the husband, and so much of the estate of the wife as…

2Cases cited3 opinions

  1. Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
  2. Skinner v. JamesWisconsin Supreme Court · 1887
  3. Edson v. HaydenWisconsin Supreme Court · 1866

3Cited by7 opinions

  1. Gauger v. GaugerWisconsin Supreme Court · 1914
  2. Martin v. MartinWisconsin Supreme Court · 1918
  3. Martin v. MartinWisconsin Supreme Court · 1901
  4. State Highways & Transportation Commission v. Director, Missouri Department of RevenueSupreme Court of Missouri · 1984
  5. Tolson v. National Provident UnionNew York Supreme Court · 1908

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