Dutcher v. Dutcher
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Ozaukee County. Action commenced in July, 1874, for a divorce, on tlie ground of adultery, alleged to bave been committed at various times between June 26 and July 6, 1874. The answer was a general denial. - Tlie plaintiff testified, in substance, that she and the defendant were married in 1862, in New York, where the parties lived for about two years, when the defendant left her and came to "Wisconsin; that'she knew where he was living in…
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APPEAL from tlie Circuit Court for Ozaukee County. Action commenced in July, 1874, for a divorce, on tlie ground of adultery, alleged to bave been committed at various times between June 26 and July 6, 1874. The answer was a general denial. - Tlie plaintiff testified, in substance, that she and the defendant were married in 1862, in New York, where the parties lived for about two years, when the defendant left her and came to "Wisconsin; that'she knew where he was living in "Wisconsin, and had his address; that before he left New York in 1864, and while the person with whom adultery was…
1Opinion of the Court
RyaN, O. J.
"We do not understand tbe appellant’s adulterous intercourse with bis paramour to be questioned on this ■appeal. Ve understand bis counsel to rest tbe appeal on two positions: first, that tbe respondent is not a resident, within tbe statute; and second, that she bad discovered tbe adulterous cohabitation of tbe appellant more than three years before •suit brought.
I. "We have no doubt of tbe true construction of sec. 12 of tbe statute of divorce, R. S., ch. 111, a reenactment of ch. 79 of 1849. "Wisely or unwisely, it is tbe policy of tbe statute to rest jurisdiction of divorce here…
2Cases cited29 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Shelton v. TiffinSupreme Court of the United States · 1848
- Campbell v. CampbellWisconsin Supreme Court · 1875
- People v. DawellMichigan Supreme Court · 1872
- Wood v. WoodNew York Court of Chancery · 1830
24 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Killen v. BarnesWisconsin Supreme Court · 1900
- Wymelenberg v. SymanDistrict Court, E.D. Wisconsin · 1971
- State v. BullenWisconsin Supreme Court · 1910
- State v. Corey J.G.Wisconsin Supreme Court · 1998
49 more not listed; retrieve them via the Exa API.