Johnson v. Coleman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action to have a judgment of divorce declared void, The complaint sets forth the marriage of the plaintiff to one Charles Johnson in 1856: a voluntary separation by written articles between herself and husband in 1863, and her subsequent removal to Grand Haven in Michigan; that while she was residing at Grand Haven, the said Charles.
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APPEAL from the Circuit Court for Fond du Lac County. Action to have a judgment of divorce declared void, The complaint sets forth the marriage of the plaintiff to one Charles Johnson in 1856: a voluntary separation by written articles between herself and husband in 1863, and her subsequent removal to Grand Haven in Michigan; that while she was residing at Grand Haven, the said Charles. Johnson, fraudulently and without the knowledge of the plaintiff, procured a judgment dissolving the bonds of matrimony between herself and him; that thereafter, though before the plaintiff had any knowledge…
1Opinion of the CourtCole, J.
This action is brought by a widow against the personal representatives of her deceased husband and the heir at law, to have a judgment of divorce adjudged and declared to be void and of no effect.
If the matters stated in the complaint are true — and upon this demurrer we must assume they are — then it is evident a gross fraud was practiced upon the court in obtaining the divorce. The ground of the divorce was stated to be desertion on the part of the plaintiff, continued for more than one year; whereas, it is alleged that the separation was voluntary, under written articles entered into by…
2Cases cited2 opinions
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- Parish v. MarvinWisconsin Supreme Court · 1862
3Cited by54 opinions
- Earle v. EarleIndiana Supreme Court · 1883
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Rehfuss v. RehfussCalifornia Supreme Court · 1915
- Smoot v. JuddSupreme Court of Missouri · 1904
- Nicholson v. NicholsonIndiana Supreme Court · 1888
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