Shequin v. Shequin
| Decision Date | 01 June 1915 |
| Citation | 152 N.W. 823,161 Wis. 183 |
| Parties | SHEQUIN v. SHEQUIN. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Brown County; Henry Graass, Judge.
Action for divorce by Jeanette Shequin against George Shequin, with answer asking an absolute divorce. Judgment awarding an absolute divorce to plaintiff, dividing the property, and allowing her certain sums for the support of minor children, and she appeals. Affirmed.
This action was brought by the plaintiff against the defendant for divorce from the bonds of matrimony, but before trial the prayer of the complaint was amended so as to demand a divorce from bed and board.
The answer denied the material allegations of the complaint respecting cruel and inhuman treatment, and by counterclaim set up cruel and inhuman treatment on the part of the plaintiff, and also asked that the title to certain real estate which had been conveyed to the plaintiff be divested, and the title vested in the defendant. The prayer of the original answer of the defendant was for a divorce from bed and board, and after the plaintiff's complaint was amended so as to pray for a divorce from bed and board the defendant obtained an amendment to the prayer of his answer asking for an absolute divorce.
The court rendered its decision dissolving the bonds of matrimony, and making a final division of property, which it found to be worth $8,050, and allowed plaintiff $2,950, and vested the title to the real estate, which was in the plaintiff's name, in the defendant.
The court below made the following findings and conclusions: That the parties intermarried May 8, 1894, and have ever since resided in the state of Wisconsin; that at the time of their marriage defendant was worth $3,000, and that the plaintiff during the latter part of her married life received from her mother's estate $350; that at the time of said action there was in the joint names of plaintiff and defendant real estate and personal property of the value of $8,050; that said property consists of lots 1 and 2, Kelley's addition to the city of Green Bay, and real estate mortgage known as the Umentum mortgage, being in the form of a land contract on the west half of the east half of the northeast quarter, section 22, township 23, range 21 east; that all of said property was purchased with the earnings of the defendant, with the exception of the $350 interest owned by plaintiff, and that the net worth of the joint properties was $7,700; that the defendant was guilty of a course of cruel and inhuman treatment of plaintiff, as set forth in the court's decision herein on file; that defendant is an able-bodied man, capable of earning an average wage of $95 per month; that the children of the parties are two, to wit, George Shequin, aged 18 years, and Eileen Shequin, aged 14 years; that the mother, this plaintiff, is a fit and proper person to have the care and custody of them.
The court concluded that the plaintiff is entitled to a divorce from the bonds of matrimony, plaintiff's attorneys, Martin, Martin & Martin, having in open court acquiesced in said conclusion; that she is entitled to an allowance for the support and education of said Eileen Shequin $150 per year, $50 payable every four months, until she finishes her education in high school, and, should she leave school to seek a position or employment before graduation, this decree may then be modified respecting such payments; that no sum should be paid for the support of George Shequin, he having finished his high school education, and being large, strong, healthy, and able to work; that in lieu of alimony a final division and disposition of the estate, real and personal, of said defendant, and so much thereof as may be held by him or by this plaintiff, be and is hereby made between the parties, plaintiff having failed to exercise her option as provided by the decision of this court heretofore filed, as follows: That the real estate described as lots 1 and 2, Kelley's addition to the city of Green Bay, Brown county, Wis., be, and the same is hereby, awarded to the defendant, George Shequin, and the title in fee thereof is hereby divested from the plaintiff and transferred to the defendant, absolutely; that the defendant pay to the plaintiff in lieu of her interest in said property, and as such final division thereof, $2,950, which includes her separate property of $350; that the plaintiff have the household furniture, cooking utensils, and household furnishings belonging to the defendant and to the plaintiff separately or jointly,...
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Hooker v. Hooker
...to enter a judgment for absolute divorce in an action where the pleadings merely seek a divorce from bed and board. Shequin v. Shequin, 1915, 161 Wis. 183, 152 N.W. 823; In re Estate of Kehl, 1934, 215 Wis. 353, 254 N.W. 639; Rohloff v. Rohloff, 1943, 244 Wis. 153, 158, 11 N.W.2d 507. Since......
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Kehl v. Kehl (In re Kehl's Estate)
...grant a divorce a vinculo although the prayer of the complaint be for one from bed and board. Section 247.09, Stats.; Shequin v. Shequin, 161 Wis. 183, 152 N. W. 823. But the prayer of the complaint, with nearly all judges, we believe, controls the nature of the judgment granted by the cour......
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Rohloff v. Rohloff
...though the plaintiff asks only for a divorce from bed and board. In Estate of Kehl, 1934, 215 Wis. 353, 254 N.W. 639,Shequin v. Shequin, 1915, 161 Wis. 183, 152 N.W. 823. It is quite apparent from the testimony that the lives of these two parties are upon entirely different planes. The plai......