Kuether v. State
Wisconsin Supreme Court
Appeal from an order and a judgment of the. circuit court for Milwaukee county; Walter Schinz, Circuit Judge. In 1869 the county court of Milwaukee county entered a decree of divorce in the above entitled action containing this provision: “And it is further adjudged and decreed, that of the real estate owned by the defendant the following piece or parcel of land, situate, lying and being in the county of Milwaukee and state of Wisconsin, and known and described as lot No. 3,…
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Appeal from an order and a judgment of the. circuit court for Milwaukee county; Walter Schinz, Circuit Judge. In 1869 the county court of Milwaukee county entered a decree of divorce in the above entitled action containing this provision: “And it is further adjudged and decreed, that of the real estate owned by the defendant the following piece or parcel of land, situate, lying and being in the county of Milwaukee and state of Wisconsin, and known and described as lot No. 3, in block No. 7, in Wm. P. Young’s Addition, in the Sixth ward of the city of Milwaukee, together with the dwelling…
1Opinion of the CourtOwen, J.
The power of the court to modify the original decree in the manner attempted by the order and judgment appealed from is most effectually challenged. A judgment of final division of estate between husband and wife cannot be modified after the term at which it was rendered (Blake v. Blake, 75 Wis. 339, 43 N. W. 144; Gallager v. Gallager, 101 Wis. 202, 77 N. W. 145; Lally v. Lally, 152 Wis. 56, 138 N. W. 651; Zentzis v. Zentzis, 163 Wis. 342, 158 N. W. 284; Towns v. Towns, 171 Wis. 32, 176 N. W. 216), andan attempt to retransfer the real estate after such final division is without jurisdiction.…
2Cases cited17 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Simpson v. SimpsonCalifornia Supreme Court · 1889
- Lally v. LallyWisconsin Supreme Court · 1913
- Boehler v. BoehlerWisconsin Supreme Court · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Hoffmann v. Wausau Concrete Co.Wisconsin Supreme Court · 1973
- Heath Ex Rel. Heath v. SeymourSupreme Court of New Hampshire · 1970
- In Re Mueller Travel Agency, Inc.Wisconsin Supreme Court · 1972
- Estate of RooneyWisconsin Supreme Court · 1963
1 more not listed; retrieve them via the Exa API.