Legal Opinion

Banks v. Banks

Wisconsin Supreme Court

Decided January 11, 1916PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for St. Oroix county: Gbobge Thompson, Circuit Judge. Plaintiff brought this action for divorce from the defendant, alleging cruel and inhuman treatment of him by defendant and that such treatment made it dangerous and impracticable for him to live with her, and that he had faithfully discharged his marital obligations throughout their married life.

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Appeal from a judgment of tbe circuit court for St. Oroix county: Gbobge Thompson, Circuit Judge. Plaintiff brought this action for divorce from the defendant, alleging cruel and inhuman treatment of him by defendant and that such treatment made it dangerous and impracticable for him to live with her, and that he had faithfully discharged his marital obligations throughout their married life. The defendant by verified answer denied all of the allegations of the complaint, including the allegations of marriage and that two children were born as the fruit thereof. Upon the witness stand she…

1Opinion of the CourtSiebecKer, J.

Tbe plaintiff contends that tbe court erred in finding that tbe evidence fails to establish that defendant’s treatment of him has been cruel and inhuman. Tbe narrative abstract of tbe evidence covers 125 pages of tbe printed case and is too voluminous to repeat here in condensed form. A thorough study of it has convinced us that tbe court’s conclusion that tbe evidential facts fail to show that defendant’s treatment of tbe plaintiff bad been cruel and inhuman is clearly wrong. It is without question that grave and serious troubles have existed between tbe parties, which began shortly after…

2Cases cited3 opinions

  1. Freeman v. FreemanWisconsin Supreme Court · 1872
  2. Pease v. PeaseWisconsin Supreme Court · 1888
  3. Skinner v. SkinnerWisconsin Supreme Court · 1856

3Cited by6 opinions

  1. Gordon v. GordonWisconsin Supreme Court · 1955
  2. Cudahy v. CudahyWisconsin Supreme Court · 1935
  3. Hiecke v. HieckeWisconsin Supreme Court · 1916
  4. Heffernan v. HeffernanWisconsin Supreme Court · 1965
  5. Mayhew v. MayhewWisconsin Supreme Court · 1941

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