133 Wis. 148 | Wis. | 1907
There are numerous grounds of insufficiency of the complaint to state a cause of action. Primarily, of course, the relief sought, namely, the vacation of the judgment of divorce so that plaintiff may be still the widow of defendant’s testator, is not within the province of a court of equity under our existing Code, whereby the only power to vacate and set aside a judgment after the term at which it is rendered, otherwise than for want of jurisdiction, is that granted and limited by sec. 2832, Stats. (1898), which, by reason of that section, must be invoiced within one year after the moving party has knowledge of the judgment. The old bill of review to vacate judgments for fraud or grounds other than jurisdictional ones was terminated by the adoption of our Code of Practice. Crowns v. Forest L. Co. 102 Wis. 97, 78 N. W. 433; Zinc C. Co. v. First Nat. Bank, 103 Wis. 125, 79 N. W. 229; Johnson v. Huber, 106 Wis. 282, 82 N. W. 137.
Apart from such difficulty, however, assuming that some form of relief other than that specifically prayed might be
Further than this, however, it is nowhere made to appear that the award of property to the plaintiff in that decree was inequitable or unfair. Even if we assume, which the complaint does not allege, that the award was merely the $1,500 which had already been paid her,- and that the husband was worth a total of $16,000 not only at the time when the separation took place but at the time of the decree, we could not •assume that such award was inequitable or unreasonable in -view of the facts that the parties had cohabited but for a period of about nine months, that they were without children, that there is no showing that the plaintiff in any wise contributed to the acquisition of her husband’s property, and that her situation may not have been so modified by the fact •of marriage as to warrant any larger sum. Courts of equity will not listen to an attack upon fully perfected judicial decrees without full and ample showing that they are unfair and inequitable. Merritt v. Baldwin, 6 Wis. 439; Wright v. Baton, 7 Wis. 595, 607; Purcell v. Kleaver, 98 Wis.. 102, 73 N. W. 322.
By the Court. — Order appealed from is affirmed.