Pease v. Pease
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County., The facts are stated in the opinion. They contended, inter alia, that under sec. 2360, R. R, cruel and inhuman treatment cannot be set up as a defense, counterclaim, or bar to an action for divorce on the ground of adultery.
Read the full summary
APPEAL from the Circuit Court for Ashland County., The facts are stated in the opinion. They contended, inter alia, that under sec. 2360, R. R, cruel and inhuman treatment cannot be set up as a defense, counterclaim, or bar to an action for divorce on the ground of adultery. The legislature, having specified just what causes should constitute a bar to a suit for divorce on the ground of adultery, may be fairly presumed to have enumerated all the causes which should be available for that purpose. In the ecclesiastical courts of England it was an established principle that cruelty could not be…
1Opinion of the CourtCole, C. J.
The plaintiff and appellant brought this action for a divorce from the bonds of matrimony on the ground of adultery committed by the defendant. The wife denied the charge of adultery in her answer, and by way of recrimination, defense, or bar to plaintiff’s action, asked for a limited divorce from the husband on the ground of cruel and inhuman treatment on his part. On the trial of the issue of adultery the jury found against the defendant; and the court found the plaintiff guilty of cruel and inhuman treatment of the defendant,- and held that neither party was entitled to a decree of…
2Cases cited5 opinions
- Conant v. ConantCalifornia Supreme Court · 1858
- Nagel v. NagelSupreme Court of Missouri · 1848
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- Smith v. SmithWisconsin Supreme Court · 1865
- Shackett v. ShackettSupreme Court of Vermont · 1876
3Cited by9 opinions
- Hoellinger v. HoellingerNorth Dakota Supreme Court · 1918
- Hiecke v. HieckeWisconsin Supreme Court · 1916
- Gray v. GrayWisconsin Supreme Court · 1939
- Voss v. VossWisconsin Supreme Court · 1914
- Wilson v. WilsonNebraska Supreme Court · 1911
4 more not listed; retrieve them via the Exa API.