Legal Opinion

Bird v. Bird

Wisconsin Supreme Court

Decided April 6, 1920PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for divorce. Both parties alleged cruel and inhuman treatment and prayed for affirmative relief.

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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for divorce. Both parties alleged cruel and inhuman treatment and prayed for affirmative relief. The court found “that defendant has been guilty of a course of cruel and inhuman treatment toward plaintiff, consisting of association with other women, some of whom were of lewd and immoral character; that he frequently told the plaintiff of his association with such women and informed her that he had had sexual intercourse with them.” Also, “that plaintiff has been guilty of a course of cruel and…

1Opinion of the CourtOwen, J.

The court having found both parties guilty of cruel and inhuman treatment, refused a divorce to either, upon the authority of Hiecke v. Hiecke, 163 Wis. 171, 157 N. W. 747, and cases there cited, where it is held that a divorce will not be granted to one spouse where he or she has been guilty of conduct also amounting to grounds for a divorce. Only the plaintiff appealed. The finding that defendant has been guilty of a course of cruel and inhuman treatment is therefore to be regarded as a verity. The question to be reviewed is whether the evidence supports the finding of the trial court that…

2Cases cited1 opinion

  1. Hiecke v. HieckeWisconsin Supreme Court · 1916

3Cited by3 opinions

  1. Heffernan v. HeffernanWisconsin Supreme Court · 1965
  2. Gauer v. GauerWisconsin Supreme Court · 1967
  3. Moen v. MoenWisconsin Supreme Court · 1946

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