Legal Opinion

Molloy v. Molloy

Wisconsin Supreme Court

Decided April 28, 1970No. 195PublishedCited by 26 opinions

1Opinion of the CourtHallows, C. J.

The granting of the absolute divorce on the ground of cruel and inhuman treatment is not in issue on this appeal, but it is contended by the defendant that the court erred in not finding the plaintiff had committed adultery. The effect of so finding would under sec. 247.26, Stats., 1 be the denial of alimony to the plaintiff. We think the trial court was in error in its evaluation of the proof on the issue of adultery.

The judicial approach laid down in Loveden v. Loveden (1810), 2 Hagg. Con. 1, 4 Eng. Ecc. 461, by Sir William Scott (Lord Stowell) has become a touchstone in divorce cases…

2Cases cited17 opinions

  1. Malloy v. HoganSupreme Court of the United States · 1964
  2. Spevack v. KleinSupreme Court of the United States · 1967
  3. State v. BrodsonWisconsin Supreme Court · 1960
  4. City of Madison v. GeierWisconsin Supreme Court · 1965
  5. Lacey v. LaceyWisconsin Supreme Court · 1970

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. City of Philadelphia v. KennyCommonwealth Court of Pennsylvania · 1977
  2. Rykhus v. RykhusSouth Dakota Supreme Court · 1982
  3. Layton School of Art & Design v. Wisconsin Employment Relations CommissionWisconsin Supreme Court · 1978
  4. Roach v. KeaneWisconsin Supreme Court · 1976
  5. Labor Relations Commission v. Fall River Educators Ass'nMassachusetts Supreme Judicial Court · 1981

21 more not listed; retrieve them via the Exa API.

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