Dovi v. Dovi

Inasmuch as there is no- bill of exceptions, the matter is here upon the record and the only question is whether the pleadings and the findings sustain the judgment. The plaintiff contends that the judgment of the court awarding the custody of the children to the defendant is a nullity for the reason that the court had no jurisdiction to enter such a judgment, a divorce having been denied both parties. This contention raises a question of first impression in this state and one upon which there is a substantial division of authority.

Prior to 1943 it was provided by sec. 247.28, Stats. 1931:

“In…