KING v. KING


25 Wis.2d 550 (1964)

KING, Plaintiff, v. KING, Defendant. [Two appeals.]

Supreme Court of Wisconsin.

November 24, 1964.


Attorney(s) appearing for the Case

For the plaintiff there were briefs by Edward D. Cleveland, attorney, and Whyte, Hirschboeck, Minahan, Harding & Harland of counsel, all of Milwaukee, and oral argument by Mr. Cleveland.

For the defendant there was a brief and oral argument by John Wm. Calhoun of Fond du Lac.


HALLOWS, J.

Since custody of the children was granted upon the stipulation of the parties without testimony being taken on the issue and no finding of fitness was made, the court's determination is not res judicata nor does the rule of changed circumstances apply. If the doctrine of res judicata applied in full force in custody cases, evidence of conduct occurring prior to the time of the determination of custody would be excluded on a later hearing...

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