Uecker v. Thiedt
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: LawREHce W. Halsey, Circuit Judge. This is an appeal by plaintiff from an order sustaining a demurrer to an amended complaint filed after a former decision in the same action. 133 Wis. 148, 113 N. W. 447. The only material additions to the complaint are that the property of the deceased was $25,000 instead of $16,000; that plaintiff was subjected by deceased to cruel, abusive treatment for the purpose of…
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Appeal from an order of the circuit court for Milwaukee county: LawREHce W. Halsey, Circuit Judge. This is an appeal by plaintiff from an order sustaining a demurrer to an amended complaint filed after a former decision in the same action. 133 Wis. 148, 113 N. W. 447. The only material additions to the complaint are that the property of the deceased was $25,000 instead of $16,000; that plaintiff was subjected by deceased to cruel, abusive treatment for the purpose of inducing her to enter into the agreement of separation; that upon the trial of her divorce action the deceased appeared by…
1Opinion of the CourtDodge, J.
The amended complaint adds no additional fact in the way of fraud upon the court which can serve to differentiate it from the preceding one. The fact asserted that coercion or abusive treatment was added to the fraud in inducing plaintiff to enter into the agreement of separation was no more addressed to the court or effective to delude it than was the misrepresentation as to the amount of the estate. That the agreement was made was a fact, and no fur-*636tiler fact is alleged to have been brought to the attention of the court to mislead it. The same consideration applies to the newly alleged…
2Cases cited1 opinion
- Boring v. OttWisconsin Supreme Court · 1909
3Cited by3 opinions
- Hollingshead v. HollingsheadNew Jersey Court of Chancery · 1920
- Pellett v. Industrial CommissionWisconsin Supreme Court · 1916
- Buehler Bros. v. Industrial CommissionWisconsin Supreme Court · 1936