Weishaupt v. Weishaupt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee Count y. Action by the wife for a divorce from the bonds of matrimony, commenced in May, 1870. The material allegations of the complaint appear in the opinion. Before the complaint was filed or served, the plaintiff filed an affidavit, stating substantially the same facts which are alleged in the complaint, and also stating that the action had been commenced by service of the summons.
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APPEAL from the Circuit Court for Milwaukee Count y. Action by the wife for a divorce from the bonds of matrimony, commenced in May, 1870. The material allegations of the complaint appear in the opinion. Before the complaint was filed or served, the plaintiff filed an affidavit, stating substantially the same facts which are alleged in the complaint, and also stating that the action had been commenced by service of the summons. Upon this affidavit she moved for an order upon defendant to show cause why he should not be required to pay temporary alimony and her attorney’s fees. Defendant filed…
1Opinion of the Court
OPINION ON FIRST APPEAL.
Cole, J.
According to. the rule established by this court as to what should be deemed a frivolous pleading, the demurrer in this • case clearly was not of that character. Whether the demurrer would have been held bad on argument, is a question not now before us-. This is an appeal from the order adjudging the demurrer: frivolous; and' the only question, therefore, is, whether ■ the demurrer can be considered frivolous, and not whether it was well taken. When the appeal is from a judgment on a demurrer for frivolousness, then this court has held that if the demurrer was…
2Cases cited1 opinion
- Cobb v. HarrisonWisconsin Supreme Court · 1866
3Cited by10 opinions
- Prine v. PrineSupreme Court of Florida · 1895
- Holcomb v. HolcombWashington Supreme Court · 1908
- Kjellander v. KjellanderSupreme Court of Kansas · 1913
- State ex rel. Shrader v. PhillipsSupreme Court of Florida · 1893
- Friend v. FriendWisconsin Supreme Court · 1886
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