Hopkins v. Hopkins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Tbis was an action for divorce brought by tbe wife against tbe husband, in which judgment was bad by default. Defendant made two several motions to set aside or modify tbe judgment as to tbe custody of tbe children, and on tbe ground of excessive alimony. Tbe facts are stated in tbe opinion.
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APPEAL from tbe Circuit Court for Dodge County. Tbis was an action for divorce brought by tbe wife against tbe husband, in which judgment was bad by default. Defendant made two several motions to set aside or modify tbe judgment as to tbe custody of tbe children, and on tbe ground of excessive alimony. Tbe facts are stated in tbe opinion. Both motions were denied; and tbe present appeal is from tbe second motion, dated April 28, 1875. if 1. The judgment should be set aside for fraud and imposition on the court in using its process to effect a fraud on defendant. Jolmson v. Coleman, 23 Wis.,…
1Opinion of the CourtCole, J.
The moving papers used in support of the second rule to show cause why the judgment of divorce should not be vacated, or modified in certain particulars, present, as it seems to us, no case for setting aside the judgment. It is *169claimed that tbe affidavits sbow that the judgment was obtained in pursuance of a collusive agreement, or by fraud and imposition practiced upon the defendant. But this position is clearly not sustained by anything found in the record. It is true, the defendant states in substance, in his affidavit, that at the time the action was commenced, he was sick and unable to…
2Cases cited3 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Cole v. ColeWisconsin Supreme Court · 1871
- Welch v. WelchWisconsin Supreme Court · 1873
3Cited by21 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- DeVall v. DeVallOregon Supreme Court · 1910
- Cook v. CookWisconsin Supreme Court · 1882
- Smith v. SmithWisconsin Supreme Court · 1932
- Hopkins v. HopkinsWisconsin Supreme Court · 1876
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