Hoh v. Hoh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Action for divorce. The grounds alleged are cruel and inhuman treatment of the plaintiff by her husband, the defendant, and failure on his part to support her. The complaint also alleges that the parties occupy twenty acres of land, in which the plaintiff has a life estate, and which has been and is cultivated and carried on mainly at her expense.
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APPEAL from the Circuit Court for Outagamie County. Action for divorce. The grounds alleged are cruel and inhuman treatment of the plaintiff by her husband, the defendant, and failure on his part to support her. The complaint also alleges that the parties occupy twenty acres of land, in which the plaintiff has a life estate, and which has been and is cultivated and carried on mainly at her expense. It is further alleged that she has about $350 invested, and has no other property, and that the defendant has money and securities of the value of at least $3,500. It is not alleged that he has any…
1Opinion of the Court
Lyon, O. J.
Sec. 2886, E. S., provides that “the relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint.” In the present case there is no answer, and the relief demanded in the complaint in respect to property is for alimony and temporary allowances, and those only.. The portion of the judgment from which this appeal is taken is for a division of the property. A judgment for alimony and one for a division of the estate of the husband are essentially different in character and results. The former is always under the control of…
2Cases cited1 opinion
- Zwickey v. HaneyWisconsin Supreme Court · 1885
3Cited by8 opinions
- Brown v. BrownCalifornia Supreme Court · 1915
- Metropolitan Life Insurance Co. v. WelchCalifornia Supreme Court · 1927
- Closson v. ClossonWyoming Supreme Court · 1923
- Peters v. PetersCalifornia Court of Appeal · 1936
- Rothman v. RumbeckArizona Supreme Court · 1939
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