Baum v. Baum
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Jonsrsos', Circuit Judge. A demurrer to the complaint on the grounds that the plaintiff has no legal capacity to sue, and that it does not state facts sufficient to constitute a cause of action, was overruled. The complaint is quite lengthy, and contains very much irrelevant and redundant matter.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Jonsrsos', Circuit Judge. A demurrer to the complaint on the grounds that the plaintiff has no legal capacity to sue, and that it does not state facts sufficient to constitute a cause of action, was overruled. The complaint is quite lengthy, and contains very much irrelevant and redundant matter. Excluding the rubbish, the alleged cause of action may be briefly stated as follows: Plaintiff and defendant are husband and wife, and have three children under age. For more than two years prior to September, 1891, defendant…
1Opinion of the CourtBaedeen, J.
Counsel for the respondent have relieved us of any doubt as to the ultimate purpose of this action. In their brief they say, “ This is an action to reform a contract already made so that it will’express the true meaning and *51intent of the parties, which, by mistake and inadvertence, it failed to do.” The contract set out in the complaint is an oral one between wife and husband, to live separate and apart. The wife agrees to nothing beyond the mere fact of separation. As a part of said agreement, the husband agrees to contribute money for the support of his wife and children. This he was…
2Cases cited3 opinions
- Rogers v. RogersNew York Court of Chancery · 1834
- Dutton v. DuttonIndiana Supreme Court · 1868
- Rolette v. RoletteWisconsin Supreme Court · 1843
3Cited by15 opinions
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Peters v. PetersCourt of Chancery of Delaware · 1933
- In Re Estate of Henry WoodSupreme Court of Missouri · 1921
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