Pillar v. Pillar
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The facts in this case are stated in the opinion. The circuit court decreed a' divorce from bed and board, and alimony during plaintiff’s life at the rate of $175 a year. The defendant appealed. To authorize a divorce under subd. 5, see. 9, or subd. 3, sec. 11, ch. Ill, there must be either actual violence committed, with danger to life, limb or health; or there must be reasonable apprehension of such violence. 1 Hagg.
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APPEAL from the Circuit Court for Winnebago County. The facts in this case are stated in the opinion. The circuit court decreed a' divorce from bed and board, and alimony during plaintiff’s life at the rate of $175 a year. The defendant appealed. To authorize a divorce under subd. 5, see. 9, or subd. 3, sec. 11, ch. Ill, there must be either actual violence committed, with danger to life, limb or health; or there must be reasonable apprehension of such violence. 1 Hagg. Consist. Rep., 35; 1 Edw. Ch., 292. Austerity of temper, rudeness of language, occasional sallies of passion, if they do not…
1Opinion of the CourtPaine, J.
An act of extreme cruelty, and of gross and brutal violence, was proved to Rave been inflicted by tbe defendant upon tbe plaintiff. He not only struck ber, but attempted to kick ber, and would have succeeded bad not tbe daughter come between them and received tbe kick berself. Whether a single instance of such conduct should be held sufficient to justify a divorce, would depend very much on tbe question whether it was tbe result of a deliberate, fixed intention to abuse, or only of sudden passion, which tbe party might afterwards regret. We are satisfied, in this case, that it was tbe result…
2Cited by3 opinions
- Freeman v. FreemanWisconsin Supreme Court · 1872
- Williams v. WilliamsSupreme Court of Florida · 1887
- Beyer v. BeyerWisconsin Supreme Court · 1880