Graham v. Graham
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Tbe plaintiff in October, 1908, was granted a divorce from bed and board for two years on tbe ground tbat tbe defendant was given to intoxication. Tbe judgment gave tbe custody of tbe four minor children of tbe parties to tbe defendant, and provided for tbe payment of certain sums monthly for her support and tbat of her children.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Tbe plaintiff in October, 1908, was granted a divorce from bed and board for two years on tbe ground tbat tbe defendant was given to intoxication. Tbe judgment gave tbe custody of tbe four minor children of tbe parties to tbe defendant, and provided for tbe payment of certain sums monthly for her support and tbat of her children. Tbe judgment also provided tbat at tbe end of tbe two years either party “may proceed in tbe action as be or she shall deem for bis or her best interest.” It appears by tbe…
1Opinion of the Court
WiNsnow, O. J.
A divorce action is purely the creature of statute, and hence the judgment appealed from cannot be justified unless it is authorized by statute. Boehler v. Boehler, 125 Wis. 627, 104 N. W. 840. It is plain that the divorce statute itself does not authorize it. The provisions for the revision and alteration of divorce judgments, with respect to the care and support of the children and the allowances of alimony, do not authorize any change in that part of the judgment granting the divorce. Nor do the provisions authorizing revocation of a judgment of limited divorce upon…
2Cases cited3 opinions
- Bassett v. BassettWisconsin Supreme Court · 1898
- Boehler v. BoehlerWisconsin Supreme Court · 1905
- Lamberton v. LambertonWisconsin Supreme Court · 1905
3Cited by6 opinions
- Dovi v. DoviWisconsin Supreme Court · 1944
- Towns v. TownsWisconsin Supreme Court · 1920
- Weber v. WeberWisconsin Supreme Court · 1950
- Szumski v. SzumskiWisconsin Supreme Court · 1937
- Willeard v. WinkelmanWisconsin Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.