Reinhard v. Reinhard

• Court: Wisconsin Supreme Court
• Writing for the Court: CASSODAY
• Citation: Reinhard v. Reinhard, 96 Wis. 555, 71 N.W. 803 (Wis. 1897)
• Decision Date: 11 June 1897
• Parties: REINHARD v. REINHARD.

96 Wis. 555

71 N.W. 803

REINHARD

v.REINHARD.

Supreme Court of Wisconsin.

June 11, 1897.

Appeal from circuit court, Milwaukee county; D. H. Johnson, Judge.

Action by Andrea Reinhard against August Reinhard for a divorce. Judgment for plaintiff, and defendant appeals. Modified.C. W. Briggs, for appellant.

W. J. Turner, for respondent.

CASSODAY, C. J.

This is an action for divorce, on the ground of cruel and inhuman treatment, otherwise than by personal violence. The answer consists of admissions, denials, and counter allegations, and, among other things, that the plaintiff had fallen in love with some other person. At the close of the trial, the court found, as matters of fact, in effect, that both parties were residents of Milwaukee, and had been since 1890; that they were married July 28, 1890; that there was no issue of such marriage; that the allegations in plaintiff's amended complaint as to cruel and inhuman treatment were proven and true; that the defendant was guilty of the cruel and inhuman treatment charged in the complaint, practiced otherwise than by personal violence; that the property of the defendant was so situated that it was to the best interests of the parties that there should be a final division of the defendant's estate between the plaintiff and the defendant; that the court was not then sufficiently advised by proofs as to the value of the defendant's estate, or the division thereof which ought to be made; that among the allegations of the complaint so found to be true are those to the effect that, for a very long time before the commencement of the action, the defendant treated the plaintiff in a cruel and heartless manner, and with utter indifference and neglect; that about six years before, in a fit of anger, he struck her; that in June, 1895, he raised his hand in a threatening manner, as if to strike her, and said that, if she had not then cause for divorce, he would give her cause, and drove her out of the house; that he was of a sullen and morose disposition, and for three months prior to May, 1894, refused to speak or communicate with her, but ignored her entirely; that the plaintiff, having saved a little money, and believing that separation for a short time might restore affection, went to Germany, and remained there from May to September, 1894; that, upon her return, he, for about four weeks, treated her kindly, and then again commenced to treat her with indifference, to ignore her entirely, and refused to speak to her or to communicate with her, and did not speak to her until May, 1895, although the plaintiff and defendant lived in the same house, ate at the same table, the plaintiff preparing the morning meal, others being taken at a boarding house; that such treatment was so notorious that it was observed by others, and caused the plaintiff great sorrow, shame, and disgrace, and at one time so depressed her that she attempted to commit suicide; that, by reason of such treatment, plaintiff had lost affection, regard, respect, and...