Dewald v. Dewald
| Decision Date | 05 February 1895 |
| Citation | 89 Wis. 353,62 N.W. 175 |
| Parties | DEWALD v. DEWALD. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from superior court, Milwaukee county; J. C. Ludwig, Judge.
Action by Minna Dewald against Matthew Dewald for divorce. From an order denying plaintiff's motion to strike out an allegation in the answer, she appeals. Dismissed.
Divorce action. The complaint charged cruel and inhuman treatment, and failure to support. The answer, after denying the allegations of the complaint, alleged, in substance, that the plaintiff was the defendant's housekeeper, and induced the defendant to cohabit with her, and thereafter induced and entrapped the defendant into marrying her, upon a false claim that she was pregnant by him, and for the purpose only of acquiring his property and deserting him. A motion to strike out this latter part of the answer, as scandalous, irrelevant, and redundant, was denied, and the plaintiff appealed.Sylvester & Scheiber, for appellant.
F. J. Lenicheck, for respondent.
WINSLOW, J. (after stating the facts).
The order appealed from is not appealable. It affects no substantial right, and does not involve the merits of the action. This was decided in Kewaunee Co. v. Decker, 28 Wis. 669, and no discussion of the question is necessary.
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