Norris v. Norris
Wisconsin Supreme Court
Arpear from an order of the circuit court for Milwaukee county: F. C. Eschweiler, Circuit Judge. The plaintiff and defendant were divorced in 1907. The findings determine as a fact that the plaintiff, being paid $7 5 monthly during her life or until she remarries, shall have “no other or further right, title, interest, or claim of any kind or nature whatsoever against sai'd defendant in or to his property.”
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Arpear from an order of the circuit court for Milwaukee county: F. C. Eschweiler, Circuit Judge. The plaintiff and defendant were divorced in 1907. The findings determine as a fact that the plaintiff, being paid $7 5 monthly during her life or until she remarries, shall have “no other or further right, title, interest, or claim of any kind or nature whatsoever against sai'd defendant in or to his property.” Conclusions of law were made in accordance with the findings referred to, and the judgment provided that plaintiff be paid monthly by the defendant, so long as she lived or until she…
1Opinion of the CourtBarnes, J.
A divorce judgment which only provides a monthly allowance for the wife, to terminate on her remarriage or death, is not a final division of the husband’s estate *358under sec. 2364, Stats., no matter Row it is designated, Rut is a judgment for alimony which is subject to revision under sec. 2369. On this proposition the case of Lally v. Lally, 152 Wis. 56, 138 N. W. 651, is adhered to under the rule of stare decisis. We do not wish to he understood as deciding that a circuit court may not fix a specific sum to he paid in instalments or in gross and render a final judgment under sec. 2364,…
2Cases cited1 opinion
- Lally v. LallyWisconsin Supreme Court · 1913
3Cited by9 opinions
- Anderson v. AndersonWisconsin Supreme Court · 1959
- Hamilton v. HamiltonCalifornia Court of Appeal · 1948
- Sessions v. SessionsSupreme Court of Minnesota · 1929
- Steinkopf v. SteinkopfWisconsin Supreme Court · 1917
- Hannon v. HannonWisconsin Supreme Court · 1939
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