Cole v. Cole
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for a divorce, commenced by the husband, July 17,186 9. The complaint averred, and the answer denied, that the parties had voluntarily lived entirely separate for the five years preceding the action. The court found that they had lived entirely separate since the 7th of July, 1864 ; held that plaintiff was entitled to the relief sought; and rendered judgment dissolving the marriage.
Read the full summary
APPEAL from the Circuit Court for Jefferson County. Action for a divorce, commenced by the husband, July 17,186 9. The complaint averred, and the answer denied, that the parties had voluntarily lived entirely separate for the five years preceding the action. The court found that they had lived entirely separate since the 7th of July, 1864 ; held that plaintiff was entitled to the relief sought; and rendered judgment dissolving the marriage. Afterwards a referee, appointed to take testimony in regard to the property of the parties, reported that plaintiff’s property was worth $10,309 ; that…
1Opinion of the CourtCole, J.
The question whether the husband and wife had voluntarily lived separate for the space of five years next preceding the application for divorce, is one of fact to be settled by the evidence in the cause. And while there is some conflict of testimony upon the point, yet we are inclined to agree with the circuit court in the opinion that the evidence shows that the plaintiff and defendant had for more than five years next preceding the commencement of the suit voluntarily lived entirely separate from each other. The counsel for the defendant insists that the proofs show that the separation did…
2Cases cited1 opinion
- Phillips v. PhillipsWisconsin Supreme Court · 1867
3Cited by23 opinions
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Pfingsten v. PfingstenWisconsin Supreme Court · 1916
- Sills v. SillsSupreme Court of Alabama · 1944
- Campbell v. CampbellCourt of Appeals of Maryland · 1938
18 more not listed; retrieve them via the Exa API.