Downer v. Howard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. The case is thus stated by Mr. Justice Taylojs, in his opinion as originally prepared: “ This action was brought in the court below by Martha Howard against James O. Howard, to obtain a divorce from the bonds of matrimony.
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APPEAL from the Circuit Court for Columbia County. The case is thus stated by Mr. Justice Taylojs, in his opinion as originally prepared: “ This action was brought in the court below by Martha Howard against James O. Howard, to obtain a divorce from the bonds of matrimony. The defendant answered by denying the charges made against him, and, in three distinct counterclaims, alleges that the plaintiff was lawfully married to three persons other than the defendant, all of whom were living at the time of her alleged marriage with him; charges adultery on the part of the plaintiff, as well as…
1Opinion of the CourtTaylor, J.
It is urged by the counsel for the appellant, that, by the death of the respondent before final judgment on the appeal in this court, not only the appeal abated, but the whole action; and that no order or judgment of this court could be made either dismissing the appeal or affirming or reversing the judgment of the court below, but simply an order declaring that all the proceedings in the action, including the *87judgment of the court below, were avoided and abated by the death of the respondent, and that neither party conld have any benefit of the proceedings and judgment in such action.
We do…
2Cases cited3 opinions
- Clark v. ClarkSupreme Court of Pennsylvania · 1843
- Williams v. WilliamsWisconsin Supreme Court · 1872
- Hastings v. McKinleyNew York Court of Appeals · 1853
3Cited by14 opinions
- In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
- Wood v. WoodSupreme Court of Iowa · 1907
- Begbie v. BegbieCalifornia Supreme Court · 1900
- Cox v. DoddSupreme Court of Alabama · 1941
- Nickerson v. NickersonOregon Supreme Court · 1898
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