Legal Opinion

Sanders v. Sanders

Wisconsin Supreme Court

Decided May 8, 1908PublishedCited by 5 opinions

Appeal from a .judgment of the circuit court for Eond du Lac county: Chestbe A. EowleR, Circuit Judge: This is an action for divorce on the ground that the parties have voluntarily lived entirely separate for the space of five years next preceding the commencement of the action.

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Appeal from a .judgment of the circuit court for Eond du Lac county: Chestbe A. EowleR, Circuit Judge: This is an action for divorce on the ground that the parties have voluntarily lived entirely separate for the space of five years next preceding the commencement of the action. The parties were married December 22, 1897. Plaintiff testified that she and the defendant had not lived together for more than five years, that he last visited her in January, 1901, and that they then agreed to live entirely separate. A number of his letters and several clippings from papers, “Woman kills herself to…

1Opinion of the CourtSiebeckeR, J.

The court awarded judgment of divorce upon the ground that the evidence established that the parties had voluntarily lived entirely separate for the space of *615five years next preceding the commencement, of the action. To constitute such a voluntary separation it must appear that the separation was mutually voluntary in its inception and so continued throughout the statutory period. Appellant challenges the court’s finding of fact that the evidence established such a voluntary separation. The plaintiff’s evidence is clearly and explicitly to this effect, but it is claimed that it was…

2Cited by5 opinions

  1. Campbell v. CampbellCourt of Appeals of Maryland · 1938
  2. France v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1939
  3. Pierce v. PierceWashington Supreme Court · 1922
  4. Rooney v. RooneyWisconsin Supreme Court · 1925
  5. Powless v. PowlessWisconsin Supreme Court · 1955

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