Kempster v. Evans
Wisconsin Supreme Court
APPEAL from the County Court of Wmmbago County. It appears from the record that June 19, 1885, a judgment of divorce was rendered in favor of the plaintiff, and against Walter Kempster, wherein and whereby the said Walter Kempster was adjudged to pay to the plaintiff out of his estate, as alimony, for her personal support and maintenance, the sum of $1,000 annually, in quarterly in-stalments, one fourth in advance on the 19th days of June, September, December, and March of…
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APPEAL from the County Court of Wmmbago County. It appears from the record that June 19, 1885, a judgment of divorce was rendered in favor of the plaintiff, and against Walter Kempster, wherein and whereby the said Walter Kempster was adjudged to pay to the plaintiff out of his estate, as alimony, for her personal support and maintenance, the sum of $1,000 annually, in quarterly in-stalments, one fourth in advance on the 19th days of June, September, December, and March of each year during her natural life, if she remained unmarried; that in the event of her marriage such alimony would…
1Opinion of the Court
Gassodat,. J.
It is a general principle of the law of divorce in this country that courts only possess such powers as are conferred by statutes. Hopkins v. Hopkins, 39 Wis. 171; Bacon v. Bacon, 43 Wis. 202; Cook v. Cook, 56 Wis. 203; Clark v. Burke, 65 Wis. 361; Blake v. Blake, 75 Wis. 343. The statute authorizes the court, in the first instance, to adjudge to the wife alimony out of her husband’s “ estate,” or to “ finally divide and distribute the estate, both real and personal, of the husband, and so much of the estate of the wife as shall have been derived from the husband, between the…
2Cases cited11 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Jordan v. WestermanMichigan Supreme Court · 1886
- Blake v. BlakeWisconsin Supreme Court · 1889
- Hopkins v. HopkinsWisconsin Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lally v. LallyWisconsin Supreme Court · 1913
- Halmu v. HalmuWisconsin Supreme Court · 1945
- Bassett v. BassettWisconsin Supreme Court · 1898
- Brenger v. BrengerWisconsin Supreme Court · 1910
- Courtney v. CourtneyWisconsin Supreme Court · 1947
10 more not listed; retrieve them via the Exa API.