Eder v. Grifka
Wisconsin Supreme Court
Abkeai, from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Haxsey, Circuit Judge. Tbis action was begun in tbe civil court of Milwaukee county to recover tbe reasonable value of necessaries furnished by tbe plaintiff to tbe defendant’s wife at ber request.
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Abkeai, from a judgment of tbe circuit court for Milwaukee county: LawbeNce W. Haxsey, Circuit Judge. Tbis action was begun in tbe civil court of Milwaukee county to recover tbe reasonable value of necessaries furnished by tbe plaintiff to tbe defendant’s wife at ber request. Tbe complaint alleges that tbe plaintiff and tbe defendant are residents of Milwaukee county; that tbe defendant is tbe husband of Bessie Grifka; that tbe plaintiff between certain alleged days, at tbe réquest of Bessie Grifka, furnished ber twenty-six weeks and four days with board and lodging and $12.50 in cash; that…
1Opinion of the CourtSiEBECKER, J.
It is manifest that the complaint was insufficient in that it failed to allege any of the special circumstances and conditions showing that the defendant was liable for necessaries furnished to his wife. A husband is not ipso-facto liable for all necessaries that may he furnished his wife. It is only under circumstances and conditions showing a necessity that they be furnished her hy others, such as his misconduct compelling her to leave him and their home, his wilful refusal to provide for her, or his deserting her, that the huS'-band is liable for them. Since the special circumstances and…
2Cases cited3 opinions
- Warner & Ryan v. HeidenWisconsin Supreme Court · 1871
- Fred Miller Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Brown v. WordenWisconsin Supreme Court · 1876
3Cited by8 opinions
- Sharpe Furniture, Inc. v. BuckstaffWisconsin Supreme Court · 1980
- Pabst Brewing Co. v. Milwaukee Lithographing Co.Wisconsin Supreme Court · 1914
- Fred Miller Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Mueller Real Estate & Investment Co. v. CohenWisconsin Supreme Court · 1914
- Ætna Accident & Liability Co. v. LymanWisconsin Supreme Court · 1913
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