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MOLLOY v. MOLLOY

No. 195.

46 Wis.2d 682 (1970)

176 N.W.2d 292

MOLLOY, Respondent, v. MOLLOY, Appellant.

Supreme Court of Wisconsin.

Decided April 28, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs by Brady, Tyrrell, Cotter & Cutler, attorneys, and John A. Keck of counsel, all of Milwaukee, and oral argument by Mr. Keck.

For the respondent there was a brief by Hanley, Wedemeyer & Cavanaugh, attorneys, and Robert F. Cavanaugh of counsel, all of Milwaukee, and oral argument by Robert F. Cavanaugh.

HALLOWS, C. J.

The granting of the absolute divorce on the ground of cruel and inhuman treatment is not in issue on this appeal, but it is contended by the defendant that the court erred in not finding the plaintiff had committed adultery. The effect of so finding would under sec. 247.26, Stats.,1 be the denial of alimony to the plaintiff. We think the trial court was in error in its evaluation of the proof on the issue of adultery.

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