Voigt v. Voigt

• Decision Date: 26 November 1963
• Citation: 21 Wis.2d 421,124 N.W.2d 640
• Parties: Carola VOIGT, Plaintiff-Respondent, v. George VOIGT, Defendant-Appellant.
• Court: Wisconsin Supreme Court

Page 640

124 N.W.2d 640

21 Wis.2d 421

Carola VOIGT, Plaintiff-Respondent, v. George VOIGT, Defendant-Appellant.

Supreme Court of Wisconsin.

Nov. 26, 1963.

George Voigt, in pro per.

Laurence W. Hall, Madison, appeared for respondent, but made no argument.

HALLOWS, Justice.

The parties were married in June of 1926, and two children, now adults, were born of the marriage. Very few facts are given of the married life of these parties prior to 1949. About 1949 the parties moved to Madison and the defendant obtained employment as a traveling salesman. Generally from that time on the defendant returned home for Christmas and Easter, four or five weekends during the year and one or two weeks on his vacation. During this time and prior to the commencement of this suit he sent the plaintiff monthly allowance varying from $120 in the earlier years to $150 in the later years. In addition he paid on occasions a few bills, and made monthly payments on a mortgage on the home and paid the taxes. Other than this he apparently was not much concerned about the family and the plaintiff was forced to work to meet the needs of the family.

The basic grounds for the cruel and inhuman treatment charge centered around the stinginess and the penuriousness of the defendant, his lack of love and affection, and his action in informing relatives the plaintiff was suffering from a mental condition. The appellant's defense consists of claiming his wife demanded more money than he was able to give her; of his honest belief his wife had a mental condition which was the root of the family discord and his duty was to seek help from those he thought might be able to help solve the family difficulties. In defense to the charge of his failure to exhibit any love and affection, the defendant admits of some loss of luster in the autumn of life and of the loss of some degree of attraction but insists his love and affection for the plaintiff is positively unlimited and sincere. The plaintiff relies on the old adage, 'Actions speak louder than words.'

The trials and tribulations of the two children after graduating from university were a source of serious concern and emotional upset to the parties. The daughter had an unfortunate marriage and the son an affair which indirectly led to his confinement in the Mendota mental hospital. The solution of the son's problem was a source of disagreement between the parties. After this action was commenced the defendant became a weekly outpatient at Mendota State Hospital and has sought help for his family problems from clergymen, doctors, social workers and has also contacted a district attorney, the attorney general and the governor.

While many of the acts charged against the defendant are venial and standing alone do not amount to cruel and inhuman treatment, nevertheless his conduct taken as a whole falls within that not-too-well defined area called 'cruel and inhuman...