90 Wis. 325 | Wis. | 1895
The plaintiff brought her action against the defendant for divorce from the bonds of matrimony, and for alimony, and also to set aside an antenuptial settlement on the ground of fraud and deceit. It was charged in the complaint, and denied in the answer, that the defendant had treated the plaintiff in a cruel and inhuman manner; that he called her vile names (not fit to be here repeated), and when sick and suffering from rheumatism asked her to do some work for him, and, upon her telling him she was unable, he called her other vile names, and pushed her violently, and told her to go; that when she married him in November,
The antenuptial agreement was, in substance, that she was to have, in lieu of dower and of all other claim upon his estate, the sum of $1,500, to be paid to her upon his decease, but in case she predeceased him it was not to be paid to any other person; and it was charged that she was unable to read English, and that its provisions were misrepresented to her by the defendant in certain important particulars, and that the real agreement was that it should be for the sum of $3,000, and that, in the event of her dying first, it should go to her children, and that he represented it was written for $1,500 only so that his children would not oppose the marriage, and that afterwards he would settle on her and her children the other $1,500, which he had ever since refused to do; and it was claimed that he had wilfully deceived and defrauded her in the premises.
The defendant denied the charges made in the complaint, and by way of counterclaim alleged plaintiff had notified him that she repudiated the marriage settlement; that she had wilfully and without cause left her home and refused to live and cohabit with him; and that the said agreement ought to be canceled unless she would return and live with him as his wife; and judgment was asked accordingly.
It is not necessary or profitable to review or state the evidence given on the trial, detailing the unhappy differences which arose between the parties and imbittered and destroyed all probable, if not possible, harmony or comfort of
The court, after hearing the evidence, covering about eighty printed pages, suggested to the parties that the case for divorce was a weak one, to say the least of it, but' that after what had transpired at their home and at the trial, and the ill-feeling that would grow out of it, they having contradicted each other on oath, whether it would not be better to separate them and make the wife some reasonable allowance out of the husband’s property, and that it was not clear that the marriage settlement was not fair, in view of the condition of affairs. The defendant then offered to have the plaintiff return to him and have a home and be assured of courteous and kind treatment in the same manner as if the proceedings had not been commenced; she to drop all allusion to the same and treat the defendant and his family in the same manner. The court finally held the case over, with directions to the plaintiff to go back and try and live with the defendant’s family, and that if they did not get along the decision could be modified, and advised the plaintiff “ to go back and try and live with them.” Plaintiff said she could not. The result was that a final decision was postponed.
The statute is that: “ A divorce from bed and board forever or for a limited time may be adjudged ... (3) On the complaint of the wife when the husband, being of sufficient ability, shall refuse or neglect to provide for her, or when his conduct toward her is such as may render it unsafe and improper for her to live with him.” R. S. sec. 2357. The court, after having seen the parties and heard them as well as some of their children testify, and having carefully considered the case, in the exercise of the sound judicial discretion conferred by the statute, based its judgment, not upon the charge of cruel and inhuman treatment, but upon the neglect of the husband, being of sufficient ability, to provide for the wTife, and that his conduct towards her was such as to render it unsafe and improper for her to live with him. We dhink that the court acted discreetly and upon sufficient evidence in arriving at the conclusion it did. The case presents simply questions of fact, and, although the evidence is quite conflicting in many respects, we cannot disturb the finding. The evidence sustains it. Here was neglect and failure to properly care for and support the wife, and opprobrious epithets had been bestowed upon her, and she had been subjected to personal indignities, and angry altercations had occurred between them. His sons ill-treated her in his presence and without rebuke. To such treatment no self-respecting wife ought to be expected to submit. Even upon the ground of cruel and inhuman treatment, it has been well said: “ Everybody knows that the conduct of the husband toward the wife may be such, even without any personal violence, actual or threat
By the Cowrt.— The judgment of the circuit court is affirmed.