Thomas v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rctoine County. This is an appeal from a judgment revising a former judgment of divorce a vinculo in the action, in respect to alimony. The parties intermarried in January, 1859, and the defendant deserted the plaintiff in March following.
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APPEAL from the Circuit Court for Rctoine County. This is an appeal from a judgment revising a former judgment of divorce a vinculo in the action, in respect to alimony. The parties intermarried in January, 1859, and the defendant deserted the plaintiff in March following. In April, 1860, the plaintiff commenced this action, and she obtained a judgment of divorce in 1861. Prior to tire judgment, the parties, by their respective attorneys, stipulated, among other things, that there should .he no judgment for an allowance of alimony, hut that the defendant should pay the plaintiff $300 in lieu…
1Opinion of the CourtLyon, J.
I. A controlling question in this case is, whether the original judgment for $300 in full for alimony is final and conclusive.
In Campbell v. Campbell, 37 Wis., 206, it was held that the circuit court has no power to make a final judgment for alimony, and cannot divest itself of authority to revise such a *233judgment (p. 220). In Hopkins v. Hopkins, 40 id., 462, it was held that the allowance to the wife of a gross sum in an action for a divorce, “ unless expressly stated so to be in the judgment, is not to he regarded as a division or partition of the property of the husband between the parties…
2Cases cited1 opinion
- Campbell v. CampbellWisconsin Supreme Court · 1875
3Cited by20 opinions
- Kelly v. KellySupreme Court of Missouri · 1932
- Zilley v. DunwiddieWisconsin Supreme Court · 1898
- Lally v. LallyWisconsin Supreme Court · 1913
- Blake v. BlakeWisconsin Supreme Court · 1889
- Ashby v. AshbyWisconsin Supreme Court · 1921
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