Eder v. Grifka

• Court: Wisconsin Supreme Court
• Writing for the Court: SIEBECKER
• Citation: Eder v. Grifka, 149 Wis. 606, 136 N.W. 154 (Wis. 1912)
• Decision Date: 14 May 1912
• Parties: EDER v. GRIFKA.

149 Wis. 606

136 N.W. 154

EDER

v.GRIFKA.

Supreme Court of Wisconsin.

May 14, 1912.

Appeal from Circuit Court, Milwaukee County; L. W. Halsey, Judge.

Action by Heyman Eder against David Grifka. From a judgment of the circuit court, affirming a judgment of the civil court for Milwaukee county in favor of the plaintiff, defendant appeals. Affirmed.

This action was begun in the civil court for Milwaukee county to recover the reasonable value of necessaries furnished by the plaintiff to the defendant's wife at her request.

The complaint alleges that the plaintiff and the defendant are residents of Milwaukee county; that the defendant is the husband of Bessie Grifka; that the plaintiff, between certain alleged days, at the request of Bessie Grifka, furnished her 26 weeks and 4 days with board and lodging and $12.50 in cash; that the board and lodging so furnished were reasonably worth the alleged sum; and that, although payment had been demanded from the defendant for the value of the board and lodging and for the money advanced to his wife, payment had been refused. The answer is a general denial.

After the first witness was sworn upon the trial, the defendant objected to the admission of any evidence under the complaint, on the ground that the complaint did not state facts sufficient to constitute a good cause of action. The objection was overruled, the defendant excepted, and the trial proceeded. The minutes of the clerk show that witnesses were sworn in behalf of the plaintiff and in behalf of the defendant, and that they gave their evidence; that the hearing of the testimony took all of one afternoon and part, at least, of the next day (none of the evidence is returned as part of the record transmitted to the circuit court on appeal); that after the arguments of the counsel had been concluded the court continued the case for a week; and that at this time the court filed an opinion, finding that the claim of the plaintiff was established by evidence, and that the defendant therefor was indebted to the plaintiff.

The findings of fact filed by the court state that the defendant and Bessie Grifka were husband and wife during the period during which the plaintiff furnished the wife with boarding and lodging; that the plaintiff was the father of the defendant's wife; that for more than two months after the marriage of the defendant he and his wife lived at the home of the defendant's mother; that two grown brothers of the defendant occupied the same house; that the members of the defendant's family so conducted themselves toward his wife as to show plainly that she was not welcome in the house; that the defendant's wife, prior to going to live at her father's home and while she was there, repeatedly requested her husband to provide a suitable home for her; that he refused and neglected to provide any home for her, except the home of his mother, although he was of sufficient financial ability to provide a home; that the defendant took his wife from the home of his mother to a hotel in the city, remained there with her for a while, but finally returned to the home of his mother, leaving his wife at the hotel; that the wife refused to go with him to the home of his mother, because of previous ill treatment and humiliation from the members of the family when she was there; that the defendant paid part of the expenses of his wife at the hotel, but withdrew his credit from her there, and also notified stores in the city not to sell and deliver any goods to his wife on his credit; that the defendant's wife, while visiting her husband at the home of his mother, was driven therefrom with a knife by one of his brothers; that the defendant's wife was without money at the hotel, and the plaintiff paid $12.50 to have her trunk released; that the defendant's wife removed from the hotel to the home of the plaintiff, and was there furnished with board, lodging, and laundry during the time for which the plaintiff demands pay; that the board, lodging, and laundry were necessaries; that the defendant, during the period of his married life, had rather reluctantly given his wife not to exceed $40; and that the board and lodging furnished the defendant's wife by the plaintiff were reasonably worth $5 per week.

The court concluded, as matter of law, that the conduct of the defendant's wife in living separate and apart from her husband and in refusing to cohabit with him at the home of his mother was justified; that the board and lodging furnished her by the plaintiff and the payment of the hotel bill were necessaries; and that the plaintiff was entitled to recover the reasonable value of the board and lodging and the sum paid to the hotel. An appeal was taken from the judgment of the civil court to the circuit court for Milwaukee county. The clerk of the civil court did not transmit any of the evidence taken on the trial in the civil court; but the judgment of the civil court was affirmed by the circuit court on the minutes of the clerk and the findings of the judge of the civil court. This is an appeal from the judgment of the...