Legal Opinion

Jenkins v. Jenkins

Wisconsin Supreme Court

Decided March 8, 1921PublishedCited by 16 opinions

Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. Action for divorce. Plaintiff and defendant were married November 25, 1911, at Duluth, Minnesota, and were divorced by the judgment herein December 21, 1920. At the time of the trial plaintiff was thirty-six years of age and defendant twenty-six. Three children were born to them: William S., aged eight years; Allen, aged five; and Eugene, aged three years.

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Appeal from a judgment of the superior court of Douglas county: Solon L. Perrin, Judge. Action for divorce. Plaintiff and defendant were married November 25, 1911, at Duluth, Minnesota, and were divorced by the judgment herein December 21, 1920. At the time of the trial plaintiff was thirty-six years of age and defendant twenty-six. Three children were born to them: William S., aged eight years; Allen, aged five; and Eugene, aged three years. Defendant without cause left plaintiff about the 11th day of March, 1918, taking the youngest son with her. Since then up to the time of the trial he…

1Opinion of the CourtVinje, J.

The trial court found that both the' plaintiff and the defendant were morally fit and financially able to care for one or all of the children, and it reached the conclusion that it was for the best interests of the children that they should be brought up as one family and that the plaintiff *594should have .the custody of all. It must be admitted that the trial court proceeded upon the right conception of the law, namely, that the result reached should subserve the best interests of the minor children. Welch v. Welch, 33 Wis. 534; Johnston v. Johnston, 89 Wis. 416, 62 N. W. 181; Markwell v.…

2Cases cited4 opinions

  1. Markwell v. PerelesWisconsin Supreme Court · 1897
  2. Welch v. WelchWisconsin Supreme Court · 1873
  3. Roder v. RoderWisconsin Supreme Court · 1919
  4. Johnston v. JohnstonWisconsin Supreme Court · 1895

3Cited by16 opinions

  1. Marriage of Pikula v. PikulaSupreme Court of Minnesota · 1985
  2. Dumas v. City of DallasDistrict Court, N.D. Texas · 1986
  3. Smith v. SmithWisconsin Supreme Court · 1932
  4. Welker v. WelkerWisconsin Supreme Court · 1964
  5. King v. KingWisconsin Supreme Court · 1964

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