Uecker v. Thiedt
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J. G. Ludwig, Circuit Judge. Appeal by plaintiff from order sustaining general demurrer to tbe complaint, which alleges that plaintiff and testator were married December 16, 1894, and lived as husband and wife until about October 1, 1895, when, having had difficulties, they entered into articles of voluntary separation, whereby $1,500 was paid by testator to the plaintiff and agreed to be in complete…
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Appeal from an order of the circuit court for Milwaukee county: J. G. Ludwig, Circuit Judge. Appeal by plaintiff from order sustaining general demurrer to tbe complaint, which alleges that plaintiff and testator were married December 16, 1894, and lived as husband and wife until about October 1, 1895, when, having had difficulties, they entered into articles of voluntary separation, whereby $1,500 was paid by testator to the plaintiff and agreed to be in complete satisfaction of any claims by way of alimony or interest in his property, whether a divorce should or should not at any time be…
1Opinion of the Court
Dodge, I.
There are numerous grounds of insufficiency of the complaint to state a cause of action. Primarily, of course, the relief sought, namely, the vacation of the judgment of divorce so that plaintiff may be still the widow of defendant’s testator, is not within the province of a court of equity under our existing Code, whereby the only power to vacate and set aside a judgment after the term at which it is rendered, otherwise than for want of jurisdiction, is that granted and limited by sec. 2832, Stats. (1898), which, by reason of that section, must be invoiced within one year after the…
2Cases cited9 opinions
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3Cited by15 opinions
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