Legal Opinion

Cook v. Cook

Wisconsin Supreme Court

Decided November 21, 1882PublishedCited by 29 opinions

APPEAL from the Circuit Court for Dame County. Action to set aside, on the ground of fraud, a judgment of divorce in favor of the defendant Goolt, rendered in the circuit court for Shiawassee county, Michigan, and for a divorce and alimony.

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APPEAL from the Circuit Court for Dame County. Action to set aside, on the ground of fraud, a judgment of divorce in favor of the defendant Goolt, rendered in the circuit court for Shiawassee county, Michigan, and for a divorce and alimony. The defendant Brewer was made a party on the ground that a lease and mortgage executed to him by the principal defendant were in fraud of plaintiff’s rights, and the prayer of the complaint is, among other things, that such lease and mortgage be set aside and declared void. The substance of the findings of the circuit court is thus stated by Mr. Justice…

1Opinion of the Court

Cassoday, J".

It is urged by the learned counsel for the defendant that the Michigan divorce is a complete bar to this action for any and all purposes. The question is important, and we are not aware that it has ever received the consideration of this court. Certain questions have, however, been determined, which may be indirectly involved in the proposition. It has frequently been held that courts in this country possess no power in actions for divorce, except such as are conferred by statute. Barker v. Dayton, 28 Wis., 367; Hopkins v. Hopkins, 39 Wis., 167; Bacon v. Bacon, 43 Wis., 197.…

2Cases cited21 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. The People v. . BakerNew York Court of Appeals · 1879
  4. Kerr v. . KerrNew York Court of Appeals · 1869
  5. Campbell v. CampbellWisconsin Supreme Court · 1875

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3Cited by29 opinions

  1. Williams v. WilliamsWisconsin Supreme Court · 1885
  2. Thurston v. ThurstonSupreme Court of Minnesota · 1894
  3. McCormick v. McCormickSupreme Court of Kansas · 1910
  4. Rigney v. . RigneyNew York Court of Appeals · 1891
  5. Buckley v. BuckleyWashington Supreme Court · 1908

24 more not listed; retrieve them via the Exa API.

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