Schopps v. Schopps
| Decision Date | 17 November 1925 |
| Citation | 188 Wis. 151,205 N.W. 829 |
| Parties | SCHOPPS v. SCHOPPS. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; Oscar M. Fritz, Judge.
Action for divorce by Charles Schopps against Margaret Schopps. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions.
This is an appeal from a judgment granting the plaintiff's prayer for divorce upon the ground of desertion. The parties were married on June 24, 1917, and lived together in a flat in Milwaukee for about six weeks. The furniture in the flat was unpaid for, and, when the plaintiff changed his employment as a bookkeeper at $75 a month for that of a substitute letter carrier at $40 a month, he was unable to maintain the flat, and the parties moved to the home of the plaintiff's parents. After about two weeks the defendant returned to live with her parents because she was unable to get along with her mother-in-law with respect to the housework. She testified, however, that she lived with her own parents with the consent of the plaintiff, and that he knew that she was willing to return to him when he could provide a home for her.
On November 6, 1917, the plaintiff commenced his first action for divorce, but the complaint was withdrawn upon a motion to dismiss in June, 1919. On July 5, 1919, a second action for divorce was begun, and in December, 1921, judgment was rendered dismissing the plaintiff's complaint. In April, 1922, the plaintiff wrote the defendant, asking her to return to him, as he had prepared a home for her. The defendant asked for details as to the home which the plaintiff alleged that he had ready for her, and several letters were exchanged in which the plaintiff's ability to maintain a home was discussed. The following are the letters:
“Milwaukee, Wis., April 23, 1922.
Dear Margaret: Have you ever given thought to the idea of re-establishing our home? I have prepared a home, and would be very glad to have you come back. There is no reason why we should live separate and apart. Whatever has been done in the past should be forgotten.
I wish that you would give this matter your very serious consideration and let me know as soon as possible what you intend to do.
I am very anxious about this matter, and I hope that you will conclude to follow my suggestion.
+-------------------------------------+
¦Your loving husband,¦Charles Schopps.¦
+-------------------------------------+
1131 South Pierce St., Milwaukee.”
“Milwaukee, Wisconsin, May 4, 1922.
Dear Charles: I received your letter of the 23d, sent by ‘registered mail.’ Your letter came unexpectedly, and was a complete surprise, inasmuch as you have not written to me since 1917. In your letter you say: ‘I have prepared a home, and would be very glad to have you come back.’ I would like you to be a little more explicit regarding this statement, and wish you would explain just what you mean. I sincerely trust you have prepared a home different from that which we had on 36th. & Lisbon Ave., where we had the furniture, rugs, stove, etc., and you had no money to pay for same, after telling me repeatedly you had the money in the bank. I shall certainly give your offer every consideration if you prove to me that you are truly able to furnish a home for us with furniture and everything paid for, but without an explanation from you I do not see how you can furnish a home now, since you could not before you were drafted for the army, which was in the spring of 1918, and have not worked since that time, as you yourself testified in court last spring.
In your letter you also state: To this I can only ask: Don't you think an apology is due me for the cruel treatmentaccorded me and for the untruths you said about me in the various court proceedings even while you were under oath?
Charles, if you are indeed sorry for your neglect, indifference, and cruel treatment of the past towards your wife, and truly wish to establish a home, and prove you are sincere, and are able to upkeep same as the man of a household should, and promise not to deceive me regarding same as you did when you took me as a bride, I will greatly appreciate hearing from you again in more detail.
+---------------------+
¦Your wife,¦Margaret.”¦
+---------------------+
“Milwaukee, Wis., May 13, 1922.
Dear Margaret: I received your letter, and was indeed glad to know that you are seriously considering living together again. You want me to be more explicit about establishing our home. I do not see how I can be any more explicit than I was in my last letter, except to state that as soon as you show an inclination to be sincere in this matter you may rest assured that I will keep my word.
I am certainly trying to do the right thing, and can assure you that if you come half way there will be no difficulty about forgetting the past.
With reference to the apology that you speak of, I think that there is no cause for it whatever. My idea is to forget the past as far as both of us are concerned and to start all over again.
Will you kindly advise me just what you intend to do so that I can act accordingly?
+------------------------------+
¦Your loving husband, ¦Charles.¦
+------------------------------+
Charles S. Schopps
1131 South Pierce St., Milwaukee, Wisc.”
“Milwaukee, Wis., May 23, 1922.
Dear Charles: I received your letter of the 13th, but was very much disappointed because you did not answer any of the questions I asked in my letter of the 4th.
Charles, why do you evade my questions? Is it because you cannot answer them truthfully? In your first letter to me of April 23d you say you have furnished a home. It is regarding this home which you say you have furnished that I would like full information about: Where is it? Are you able to maintain same? Are you now able to support a wife, or are you still entirely dependent upon the government for support?
“Milwaukee, Wis., June 2, 1922.
Dear Margaret: I received your letter of the 23d of May, and wish to state that it is about time that you would state definitely whether you desire to return to me and establish a home or not. As I stated in my former letters, I am perfectly willing to support you and furnish you a home, but I am just about sick and tired of the evasive correspondence which you are carrying on with me.
This is positively the last letter I will write and if you desire to follow my suggestion and forget the past, why, it is up to you.
+-------------------------------------+
¦Your loving husband,¦Charles Schopps.¦
+-------------------------------------+
1131 South Pierce St., Milwaukee.”
“Milwaukee, Wis., June 14, 1922.
Dear Charles: I...
To continue reading
Request your trial
-
Parks v. Parks
...a separation agreement. Hitchcock v. Hitchcock, 15 App.D.C. 81, 93. See Thomas v. Thomas, 113 N.J.Eq. 82, 166 A. 322; Schopps v. Schopps, 188 Wis. 151, 205 N.W. 829; Ward v. Ward, 117 Pa.Super. 125, 177 A. 7 See, also, Melson v. Melson, 151 Md. 196, 202, 134 A. 136, 138; Walker v. Walker, 1......
-
Mechler v. Luettgerodt (In re Mechler's Will)
...presents a question of law and not of fact and so far as the Mitchell case holds to the contrary, it is overruled. Schopps v. Schopps, 1925, 188 Wis. 151, 159, 205 N.W. 829. See Medford Lumber Co. v. Industrial Comm., 1928, 197 Wis. 35, 221 N.W. 390. Generally, the rule applicable to findin......
-
Gray v. Gray
...Beranek, 113 Wis. 272, 277, 89 N.W. 146, and in two involving divorces, Friend v. Friend, 65 Wis. 412, 27 N.W. 34, and Schopps v. Schopps, 188 Wis. 151, 159, 205 N.W. 829. From the Gleason and Schopps cases cited it appears that to warrant a judgment for wilful desertion on this ground it m......
-
Leach v. Leach
...113 Wis. 272, 277, 89 N.W. 146, and in two involving divorces, Friend v. Friend, 65 Wis. 412, 27 N.W. 34, and Schopps v. Schopps, 188 Wis. 151, 159, 205 N.W. 829. From the Gleason and Schopps cases cited it appears that to warrant a judgment for wilful desertion on this ground it must appea......