Boehler v. Boehler
| Decision Date | 03 October 1905 |
| Citation | 125 Wis. 627,104 N.W. 840 |
| Parties | BOEHLER v. BOEHLER ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; Warren D. Tarrant, Judge.
Petition by Henry Boehler against Emma Boehler and another for a modification of a judgment of divorce. From an order granting insufficient relief, petitioner appeals. Reversed.
Appeal from the circuit court for Milwaukee county from an order in a proceeding in the action of Emma Boehler, plaintiff, v. Henry Boehler, defendant. June 5th, 1886, such proceedings were duly had in such action that a judgment of divorce was rendered for the plaintiff and she was awarded till the further order of the court the care and custody of the minor children of the parties, Adelia Boehler, then five, and Richard Boehler, then about three years of age; and was also awarded for their maintenance, so long as she had such care and custody, the sum of $100.00, annually, to be paid by defendant in installments, payment being secured by a lien upon his real estate. This proceeding was commenced by petition dated July 28th, 1904,--setting forth among other things that the judgment aforesaid had been fully complied with up to that time as to the payment of $100.00, for the care of the children mentioned,--for an order modifying the judgment so that no further payment could be required and so his real estate would be relieved from any further lien in that regard. Issues were made up between the parties which were in due form tried before a referee, resulting in a report to the effect that the daughter, Adelia Boehler, was twenty-four years of age and unable to wholly support herself, that the defendant was able to provide for her support, and that she was equitably entitled to have the judgment in the divorce action modified so as to require him to pay her till the further order of the court $60.00, annually, and have such payment secured by a lien upon his real estate. The court modified such report by reducing the amount defendant should pay to $50.00, and then confirmed it, an order being entered accordingly, in form so modifying the judgment of divorce as to require such payment. The order further required payment by defendant of $25.00, to plaintiff's attorney as costs.Scheiber & Orth, for appellant.
Pierson L. Halsey, for respondents.
MARSHALL, J. (after stating the facts).
An action for a divorce is a statutory proceeding. The limit of judicial authority therein does not extend beyond that...
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Simonton v. Simonton
...and the judgment below for instalments thereafter should be reversed. (Evans v. Evans, 116 Wash. 460, 199 P. 764; Boehler v. Boehler, 125 Wis. 627, 104 N.W. 840.) liability under the decree is terminated by the child's attaining majority." (19 C. J. 360; Tremper v. Tremper, 39 Cal.App. 62, ......
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Miller v. Miller
...v. O'Neill (1962), 17 Wis.2d 406, 408, 117 N.W.2d 267; Halmu v. Halmu (1945), 247 Wis. 124, 131, 19 N.W.2d 317; Boehler v. Boehler (1905), 125 Wis. 627, 630, 104 N.W. 840.2 Sec. 990.01(20), Stats.3 The stipulation also provided for payment of medical and dental expenses and maintenance of l......
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Kahn v. Kahn
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Borchert v. Borchert
... ... Emery, 104 Kan. 679, 180 P. 451.) Oregon ... (construed in Mack v. Mack, 91 Or. 514, 179 P. 557,) ... and Wisconsin (construed in Boehler v. Boehler, 125 ... Wis. 627, 104 N.W. 840), use the words 'minor ... children'. On the other hand, the California divorce ... statute does not ... ...