Poertner v. Poertner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff brought her action against the defendant, her husband, to obtain a divorce from him, alleging cruel and inhuman treatment as ground therefor. With a general denial, the defendant interposed a counterclaim for a divorce, charging the plaintiff with adultery. The issue on such counterclaim was tried by a jury, and resulted in a verdict of “not guilty.”
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APPEAL from the Circuit Court for Milwaukee County. The plaintiff brought her action against the defendant, her husband, to obtain a divorce from him, alleging cruel and inhuman treatment as ground therefor. With a general denial, the defendant interposed a counterclaim for a divorce, charging the plaintiff with adultery. The issue on such counterclaim was tried by a jury, and resulted in a verdict of “not guilty.” The defendant thereupon moved for a new trial, on the grounds, among others, of newly discovered evidence, and'that the court erred in the instructions given to the jury. The…
1Opinion of the CourtLyoN, J.
The character and weight of the testimony required to support a finding or verdict of guilty on an issue of adultery in an action for divorce has been somewhat discussed in several cases in this court. In Pryce v. Security Ins. Co. 29 Wis. 270, Dixon, C. J., cites cases in the opinion, with apparent approval, holding that the same degree of proof is required to sustain a charge of adultery in a divorce suit as would be required to secure a conviction on an indictment for the same offense. That action was on a policy of insurance, and the issue was whether the plaintiff had, as charged in the…
2Cases cited8 opinions
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Freeman v. FreemanWisconsin Supreme Court · 1872
- Wright v. HardyWisconsin Supreme Court · 1867
- Allen v. . AllenNew York Court of Appeals · 1886
- Washington Union Insurance v. WilsonWisconsin Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- City of Madison v. GeierWisconsin Supreme Court · 1965
- Kuehn v. KuehnWisconsin Supreme Court · 1960
- Molloy v. MolloyWisconsin Supreme Court · 1970
18 more not listed; retrieve them via the Exa API.