Hoh v. Hoh

• Decision Date: 21 March 1893
• Citation: 84 Wis. 378,54 N.W. 731
• Parties: HOH v. HOH.
• Court: Wisconsin Supreme Court

84 Wis. 378

54 N.W. 731

HOH

v.HOH.

Supreme Court of Wisconsin.

March 21, 1893.

Appeal from circuit court, Outagamie county; John Goodland, Judge.

Action by Christina Hoh against Heinrich Hoh for divorce. From an order denying his motion to vacate a part of the judgment rendered, defendant appeals. Reversed.

The other facts fully appear in the following statement by LYON, C. J.:

Action for divorce. The grounds alleged are cruel and inhuman treatment of the plaintiff by her husband, the defendant, and failure on his part to support her. The complaint also alleges that the parties occupy 20 acres of land, in which the plaintiff has a life estate, and which has been and is cultivated and carried on mainly at her expense. It is further alleged that she has about $350 invested, and has no other property, and that the defendant has money and securities of the value of at least $3,500. It is not alleged that he has any other estate. The demand for judgment, as respects property and allowances, is “that suitable alimony may be allowed her out of his [defendant's] estate, and that during the pendency of this action he be required to pay proper suit money and temporary support.” There are also demands for an injunction to restrain defendant from molesting or interfering with the plaintiff, and for general relief. The defendant made no defense or appearance to the merits of the action. The plaintiff made her proof, and judgment as by default went in her favor for a divorce and for $300, “in full for alimony, suit money, and costs in this action.” The judgment also contains the following clause: “And it is further adjudged and decreed that the possession of the land now occupied by them, viz. the west half of the southwest quarter of the southeast quarter of section No. 24, in town 21 north, and range 16 east, and all the personal property on said land or therewith, and belonging to said parties, excepting defendant's personal apparel and carpenter tools, be, and henceforth is, the possession and property of the plaintiff, and defendant is hereby divested of all right, title, or claim therein, and debarred from the same.” At the term during which such judgment was entered defendant moved the court to set aside the portion of the judgment last above quoted. The court denied the motion. The defendant appeals from the order denying such motion, and from the clause of the judgment last above quoted.Humphrey Pierce, for appellant.

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