Guenther v. Jacobs
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. After tbe plaintiff herein, Ernestine Guenther, bad obtained, in tbe county court of Milwaukee county, a judgment for divorce and alimony against August Guenther, and after tbe death of said August, this action was brought in tbe circuit court for said county, upon a bond given by order of tbe county court, by August Guenther and the defendant Jacobs, to secure payment of the several installments of alimony as the same…
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APPEAL from tbe Circuit Court for Milwaukee County. After tbe plaintiff herein, Ernestine Guenther, bad obtained, in tbe county court of Milwaukee county, a judgment for divorce and alimony against August Guenther, and after tbe death of said August, this action was brought in tbe circuit court for said county, upon a bond given by order of tbe county court, by August Guenther and the defendant Jacobs, to secure payment of the several installments of alimony as the same should become due upon the judgment of the county court, until the further order of that court. From a judgment in favor of…
1Opinion of the CourtEyaN, C. J.
It is settled in this court, that the word alimony is used in the statute of divorce in its strict technical meaning; intelligently so used, the provisions of the statute in relation to it closely following the law of the ecclesiastical courts. It is not an estate, and, therefore, not separate property of the wife. “ It is an allowance for the nourishment of the wife, resting in discretion, variable and revocable.” It is therefore essentially temporary, conditional and dependent. And a judgment for alimony upon divorce, whether a vinculo or a mensa et a thoro, remains under the statute, as it…
2Cases cited5 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
- Barber v. BarberWisconsin Supreme Court · 1849
- Appeal of GuentherWisconsin Supreme Court · 1876
3Cited by11 opinions
- Tobin v. TobinSupreme Court of Oklahoma · 1923
- Kempster v. EvansWisconsin Supreme Court · 1892
- Wright v. WrightWisconsin Supreme Court · 1889
- Kunze v. KunzeWisconsin Supreme Court · 1896
- Maurice Baskin & Co. v. HoweAppellate Division of the Supreme Court of the State of New York · 1929
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