Ashby v. Ashby
Wisconsin Supreme Court
Appeal from an order and a judgment of the circuit court for Winnebago county: Chester A. Fowler, Judge. The appeal is from an order directing appellant to pay twenty years’ arrears of alimony and interest thereon, amounting to the sum of $3,922.30, with costs, the original judgment having been entered on April 20, 1871. The judgment for divorce provided for a dissolution of the marital ties upon the ground set forth in plaintiff’s complaint, namely, wilful desertion, and it…
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Appeal from an order and a judgment of the circuit court for Winnebago county: Chester A. Fowler, Judge. The appeal is from an order directing appellant to pay twenty years’ arrears of alimony and interest thereon, amounting to the sum of $3,922.30, with costs, the original judgment having been entered on April 20, 1871. The judgment for divorce provided for a dissolution of the marital ties upon the ground set forth in plaintiff’s complaint, namely, wilful desertion, and it also adjudged that the custody of the minor child of the parties, Charles Morris Ashby, be awarded to the plaintiff,…
1Opinion of the CourtDoeRfler, J.
It is contended by defendant’s counsel that under the statutes of limitation, sub. (1), sec. 4220, plaintiff’s petition should have been dismissed; that she was guilty of laches; and that the court was without authority to direct the conveyance of defendant’s homestead to. pay arrears of alimony. We will take up and treat these contentions together..
It is held in the case of Campbell v. Campbell, 37 Wis. 206, 211:
“The measure of support of the wife and of children committed to the care of the wife depends largely on their need, age and other circumstances, and on the ability of the husband.…
2Cases cited8 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Bacon v. BaconWisconsin Supreme Court · 1877
- Hopkins v. HopkinsWisconsin Supreme Court · 1876
- Thomas v. ThomasWisconsin Supreme Court · 1876
- Williams v. WilliamsWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Miner v. MinerWisconsin Supreme Court · 1960
- State v. HamiltonWisconsin Supreme Court · 2003
- Halmu v. HalmuWisconsin Supreme Court · 1945
- Skaggs v. GannonCourt of Appeals of Kentucky (pre-1976) · 1943
- Courtney v. CourtneyWisconsin Supreme Court · 1947
14 more not listed; retrieve them via the Exa API.