Houghton v. Milburn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. Aaron Houghton and Polly, his wife, having separated, and having mutually agreed that such' separation should be permanent, an agreement under seal was entered into between Aaron, of the one part, and Polly and the defendants, of the other part, providing for the separate maintenance of Polly. The defendants .are husband and wife. Mrs. Milbum is the daughter, and the plaintiff is the son, of Aaron and Polly.
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APPEAL from the Circuit Court for Trempealeau County. Aaron Houghton and Polly, his wife, having separated, and having mutually agreed that such' separation should be permanent, an agreement under seal was entered into between Aaron, of the one part, and Polly and the defendants, of the other part, providing for the separate maintenance of Polly. The defendants .are husband and wife. Mrs. Milbum is the daughter, and the plaintiff is the son, of Aaron and Polly. The agreement bears date May 29, 1875. It recites the separation of Aaron and Polly, and contains the following covenants: “Now,…
1Opinion of the Court
■ The following opinion was filed February 7,1882:
Lyon, J.
I. A question of practice will first be disposed of. The court did not, in express terms, deny plaintiff’s motion to set aside the report of the referee; and it is claimed *559that the omission is fatal to the judgment. Fairbank v. Newton, 46 Wis., 644, is cited to support this position. The precise point decided in that case is, that confirmation of the report of the referee must precede a judgment entered pursuant to such report, or the judgment cannot be upheld. In this case the report as modified was confirmed by the court. In…
2Cases cited26 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- West v. LarawayMichigan Supreme Court · 1874
- Bassett v. HughesWisconsin Supreme Court · 1877
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3Cited by14 opinions
- Wait v. PierceWisconsin Supreme Court · 1926
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Lenz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Brickley v. WalkerWisconsin Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.