Hoernig v. Hoernig
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: George W. BurNell, Circuit Judge. This is an action of divorce, brought by the wife on the ground of cruel and inhuman treatment. The divorce was granted, and the property of the parties divided, and the plaintiff appeals from that part of the judgment making division of the property and fixing the amount to be paid the plaintiff for the support of the son of the parties.
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Appeal from a judgment of the circuit court for Winnebago county: George W. BurNell, Circuit Judge. This is an action of divorce, brought by the wife on the ground of cruel and inhuman treatment. The divorce was granted, and the property of the parties divided, and the plaintiff appeals from that part of the judgment making division of the property and fixing the amount to be paid the plaintiff for the support of the son of the parties. The facts were that the parties were married in 1884. One son, Carl Hoernig (still living), was born in 1892, as the issue of the marriage. The defendant wás…
1Opinion of the CourtWinslow, J.
In what respect the plaintiff was wronged by the judgment in this case, we have been unable to perceive. The title to all of the property which stood in her name at the time of the divorce had been derived by her from her husband. It was, therefore, subject to division ,by the terms of the statute. Stats. 1898, sec. 2364. It is difficult to-see how the fact that it may have been transferred in fraud of creditors can affect this right, because it was still property “ derived from her husband.” But the court found on sufficient evidence that it was not transferred in fraud of creditors; hence…
2Cases cited2 opinions
- Roelke v. RoelkeWisconsin Supreme Court · 1899
- McChesney v. McChesneyWisconsin Supreme Court · 1895
3Cited by4 opinions
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- Martin v. MartinWisconsin Supreme Court · 1901