75 Wis. 377 | Wis. | 1890
The testimony not having been preserved by a bill of exceptions, the only question presented b}T this appeal is, Do such findings support the conclusions of law and judgment?
These findings make a perfectly clear case of cruel and inhuman treatment, within the meaning and intent of the statute (R. S. sec. 2356), and a divorce should have been granted for that cause, if for no other. That the tendency and necessary result of the husband’s ill treatment of his wife (which, the court substantially finds, is habitual)- is and must be to render her married life intolerable, and to' destroy her health as well as her-peace of-mind, cannot be doubted. The case is within the rule of Freeman v. Freeman,, 31 Wis. 235, reaffirmed in Crichton v. Crichton, 13 Wis. 59. The discussion of the subject in those cases renders any further consideration of it here quite unnecessary.
Furthermore, we are inclined to think the findings show that the defendant is an habitual drunkard.' But we do hot pass upon this proposition, because the complaint does not,
By'the Gourt.— The portion of the judgment appealed from is reversed, and the cause will be remanded with directions to the circuit court to render judgment granting the divorce as prayed. The circuit court will also settle all questions which may arise concerning alimony and allowances, including an allowance (if, in the opinion of that court, it ought to be made) for reasonable attorney fees in this court on this appeal, over and above taxable costs, and concerning the care and custody of the child of the parties, and may include its orders and determination in those matters in the judgment. The defendant must pay the taxable costs of appeal in this court.