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HITCHCOCK v. HITCHCOCK

No. 75-298.

78 Wis.2d 214 (1977)

254 N.W.2d 230

HITCHCOCK, Respondent, v. HITCHCOCK, Appellant.

Supreme Court of Wisconsin.

Decided June 1, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hill, Quale, Hartmann, Bohl & Evenson, and oral argument by James Evenson, all of Baraboo.

For the respondent there was a brief and oral argument by Vaughn S. Conway of Baraboo.

HANLEY, J.

Three issues are presented on this appeal:

1. Was the defense of recrimination abolished by the 1971 amendment of sec. 247.101, Stats ?

2. If not abolished, may recrimination be raised where it has not been specifically pleaded?

3. If recrimination must be pleaded, did the trial court abuse its discretion by denying the defendant's motion to amend his answer to plead adulterous conduct on the part of the plaintiff ?

Recrimination...

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