151 Wis. 145 | Wis. | 1912
A summons, complaint, affidavit, and order to show cause returnable November 11, 1910, in this suit for divorce were served upon defendant at 4:30 o’clock p. m. on November 7,1910. The attorney for plaintiff was Mr. Peter S. Brzonkala. The defendant attempted to find his wife’s attorney for the purpose of making a settlement on the evening of November 7th, but failed to find him, and was at his office
In a divorce case as in other cases the circuit court has no doubt jurisdiction to refuse to allow a plaintiff to arbitrarily discontinue his action. Linden L. Co. v. Milwaukee E. R. & L. Co. 107 Wis. 493, 83 N. W. 851. To thwart an attempt to defraud an attorney by a collusive settlement might be a very good reason for exercising this jurisdiction even in a di
The policy of the law favors the reconciliation of the contending spouses, the confidential and private character of transactions and communications between them, the resumption and continuance of the marriage relation, the solidarity of the family, and the end of litigation, especially divorce litigation. These are weighty matters when thrown in the scale against mere attorney fees. There is some indication in the record that Mr. Brzonkala does not yet quite fully understand the duties of counsel in a divorce case. This must be attributed to his youth and inexperience, not to any fault of character. Such counsel should promote settlement and
Our divorce statute, sec. 2361, Stats. (1898), speaks of orders made during the pendency of the action for suit money to enable the wife to carry on the action. The pendency of the action, it is true, may be prolonged by a refusal to permit its discontinuance based upon sufficient cause. To prevent wrong or to do equity the words “to enable her to carry on the action” may include reimbursement to her of moneys theretofore paid by her for the purpose mentioned or might include liabilities incurred by her for a like purpose, as in Schulz v. Schulz, supra. But these are exceptional situations. When the parties litigant in a divorce action have become reconciled and they have effectually settled the litigation as between themselves within two days after the suit was begun and before any matter in the action was presented to the court and before the papers were filed in court, and the defendant (husband) has offered to pay his wife’s attorney all that the latter was reasonably entitled to for the services performed, it will be held an abuse of discretion to continue
By the Court. — Order reversed, and the cause remanded with directions to enter an order of discontinuance.