Everett v. Everett
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. This action was for a divorce on the ground of the adultery of the wife, and was commenced by the husband in August, 1879. The summons was published in the Nord-westlicher Courier, a German newspaper in the city of Fond du Lac.
Read the full summary
APPEAL from the County Court of Fond du Lao County. This action was for a divorce on the ground of the adultery of the wife, and was commenced by the husband in August, 1879. The summons was published in the Nord-westlicher Courier, a German newspaper in the city of Fond du Lac. The defendant failed to answer the complaint, and, after the usual 'reference and report, judgment of divorce was rendered, dated February 2, 1880. In September, 1883, the defendant appeared and moved, on affidavits, to set aside the order for publication and the judgment, for the reason that the affidavit on which…
1Opinion of the Court
Cols, O. J.
Doubtless the county court set aside the judgment of divorce for the reason that it had been obtained by fraud and imposition, so as to bring the case withig the decisions in Johnson v. Coleman, 23 Wis., 452, and Crouch v. Crouch, 30 Wis., 667. It seems to us that conclusion is absolutely irresistible from the facts appearing before the court which could not well be denied. The plaintiff- stated in the affidavit made August 11, 1879, to procure an order of publication, that after diligent effort he was unable to ascertain either the post office address or residence of the…
2Cases cited3 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Crouch v. CrouchWisconsin Supreme Court · 1872
- Singer v. SingerNew York Supreme Court · 1863
3Cited by11 opinions
- Bomsta v. JohnsonSupreme Court of Minnesota · 1888
- Carlisle v. CarlisleMichigan Supreme Court · 1893
- White v. WhiteWisconsin Supreme Court · 1918
- Maher v. Title Guarantee & Trust Co.Appellate Court of Illinois · 1901
- Sammons v. PikeSupreme Court of Minnesota · 1909
6 more not listed; retrieve them via the Exa API.