Jones v. Jones

Under the rules of this court, sec. (Rule) 251.57, Stats., we may reverse “as of course” when a cause is submitted by the appellant but not by the respondent. Under the rules, such reversal would be appropriate. We decline to do so under the circumstances of this case.

We have said that in cases involving family matters we would hesitate to reverse “as of course” under sec. 251.57, Stats. We said in Onderdonk v. Onderdonk (1958), 3 Wis. 2d 279, 282, 283, 88 N. W. 2d 323:

“Under Supreme Court Rule ... we could reverse the order as of course but, because divorce and the custody of minor children…