Newton v. Newton

• Court: Wisconsin Supreme Court
• Writing for the Court: VINJE
• Citation: Newton v. Newton, 145 Wis. 261, 130 N.W. 105 (Wis. 1911)
• Decision Date: 21 February 1911
• Parties: NEWTON v. NEWTON.

145 Wis. 261

130 N.W. 105

NEWTON

v.NEWTON.

Supreme Court of Wisconsin.

Feb. 21, 1911.

Appeal from Circuit Court, Outagamie County; John Goodland, Judge.

Action by Jennie Newton against Avery Henry Newton. From an order modifying an alimony decree, plaintiff appeals. Affirmed.J. E. Malone, for appellant.

Giles H. Putnam (Rubin & Lehr and Horace B. Walmsley, of counsel), for respondent.

VINJE, J.

On the 8th day of August, 1908, a judgment of divorce was granted to the plaintiff from the defendant, wherein, pursuant to a stipulation between the parties, it was adjudged that the defendant should pay the sum of $23 per month to plaintiff for her support and that of their infant child, about 5 years of age. She was also given the household furniture. At the time of the divorce the defendant, who was a railroad conductor, was earning from $100 to $150 per month. Afterward the defendant obtained an order to show cause why the provision in the judgment relating to alimony should not be modified, by requiring a less sum to be paid. The defendant, in the affidavit upon which the motion was based, alleged that he remarried; that he owned no property whatever; that he was 35 years old, a railroad conductor, and had not for the last two years earned to exceed $97 per month; that he had to contribute to the support of his aged mother; and that, owing to the increased cost of living and the decrease in his earning capacity, the payment of the monthly sum of $23 was excessive. In opposition to this affidavit plaintiff alleged that her cost of living had increased; that she did not earn to exceed $6 per month as a seamstress, which was the avocation she followed; that she had incurred some expense to collect unpaid...