Legal Opinion

Penn v. Penn

Wisconsin Supreme Court

Decided December 3, 1918PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Shawano county: Edgar V. Werner, Circuit Judge. This is an action for divorce brought by plaintiff against the defendant on the ground of cruel and inhuman treatment.

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Appeal from a judgment of the circuit court for Shawano county: Edgar V. Werner, Circuit Judge. This is an action for divorce brought by plaintiff against the defendant on the ground of cruel and inhuman treatment. The court denied the plaintiff a divorce and found as follows: That the plaintiff and defendant were married as is alleged in the complaint; that the issue of said marriage is correctly described in said complaint; that the defendant has been guilty of a certain amount of cruel and inhuman treatment, which treatment consists more of the nature of causing the plaintiff mental…

1Opinion of the CourtKerwin, J.

The only errors assigned are (1) that the court erred in 'requiring the defendant to support the plaint*269iff living apart; (2) that the court erred in giving the custody of the children to the plaintiff.

Sec. 2366, Stats., provides:

“In a judgment in an action for a divorce, although such divorce be denied, the court may make such order for the support and maintenance of the wife and children, or any of them, by the husband or out of his property as the nature of the case may render suitable and proper.”

The judgment entered was authorized by this statute. Voss v. Voss, 157 Wis. 430, 147 N. W. 634.

2Cases cited1 opinion

  1. Voss v. VossWisconsin Supreme Court · 1914

3Cited by4 opinions

  1. Urbach v. UrbachWyoming Supreme Court · 1937
  2. Adams v. AdamsWisconsin Supreme Court · 1922
  3. Retterath v. RetterathNorth Dakota Supreme Court · 1949
  4. Leach v. LeachWisconsin Supreme Court · 1952

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