Helden v. Helden
Wisconsin Supreme Court
APPEAL PROM DANE CIRCUIT COURT. On the 14th day of December, A. D. 1857, the above named Jesse W. Helden filed in the circuit court of Dane county the following petition : That on or about the 24th day of January, A. D. 1857, your petitioner exhibited his bill in this court, against the above named defendant, who was then the wife of your petitioner, and was then, and is now, residing in the county of Dane aforesaid; and thereby, after alleging among other things, the…
Read the full summary
APPEAL PROM DANE CIRCUIT COURT. On the 14th day of December, A. D. 1857, the above named Jesse W. Helden filed in the circuit court of Dane county the following petition : That on or about the 24th day of January, A. D. 1857, your petitioner exhibited his bill in this court, against the above named defendant, who was then the wife of your petitioner, and was then, and is now, residing in the county of Dane aforesaid; and thereby, after alleging among other things, the marriage of your petitioner with the said defendant, in the year 1849 (therein erroneously stated as 1850,) and also alleging…
1Opinion of the Court
By the Court,
Smith, J.
Although it seems to be conceded by counsel that the motion filed by the petitioner’s counsel on 9th of July, 1857, in the original suit, for leave to take testimony as to the fact of adultery of the wife, was properly denied, yet we are of a different opinion. The alleged ground for overruling the motion was, that there was no allegation of adultery in the original bill. It must be remembered that the judgment of the court as to the right of the petitioner to a divorce, had been virtually awarded, and the cause had been referred to take testimony as to the property of…
2Cited by8 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Bacon v. BaconWisconsin Supreme Court · 1877
- Ashby v. AshbyWisconsin Supreme Court · 1921
- Varney v. VarneyWisconsin Supreme Court · 1883
- In re SteeleMissouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.