Damon v. Damon
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Tbe appeal was taken by tbe defendant Asenoth A. Damon, from an order overruling ber demurrer to tbe complaint as not stating a cause of action against said defendant, and for a mis-joinder of several causes of action.
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APPEAL from tbe Circuit Court for Dane County. Tbe appeal was taken by tbe defendant Asenoth A. Damon, from an order overruling ber demurrer to tbe complaint as not stating a cause of action against said defendant, and for a mis-joinder of several causes of action. Tbe character of tbe complaint will fully appear in tbe opinion. argued that the powers of tbe court in divorce cases, and tbe methods of pleading and pro-ceedure, are to be determined simply by tbe statute (In re Gill, 20 Wis., 686; Burtis v. Burtis, Hopk., 557); that tbe complaint attempts to assert, two causes of action; one for…
1Opinion of the CourtLyoN, J.
This action was brought by’ the plaintiff for the purpose of procuring a divorce from her husband, Calvin A. Damon, and the complaint contains averments of fact, which, if true, entitle her to that relief. The complaint also prays that alimony be adjudged to the plaintiff out of the estate of the husband, and contains allegations in support thereof, which, if true, entitle her thereto.
It is further charged in the complaint that, in 1868, the defendant purchased certain lands therein described, situated in the county of Dane, of Ellen H. and William P. Fitzgerald, for $2,100, and paid for the…
2Cases cited2 opinions
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
- Donovan v. DonovanWisconsin Supreme Court · 1866
3Cited by25 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Caldwell v. CaldwellWisconsin Supreme Court · 1958
- Cook v. CookWisconsin Supreme Court · 1882
- Clarke v. BurkeWisconsin Supreme Court · 1886
- In re GrbicWisconsin Supreme Court · 1919
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