Edwin M. Wilcox v. Voris Wilcox

The parties were married January 20, 1921. After they had lived together for nearly 18 years, this action was begun in December 1938. Based on defendants intemperate use of intoxicating liquor, plaintiff alleged that for more than a year before the action was begun defendant had been "in a state of habitual drunkenness." While the cause was pending, defendant was on several occasions convicted of drunkenness. In November 1939, on plaintiffs motion, leave was granted to serve and file a supplemental complaint. This, in addition to what had already been originally alleged, set forth that on March 15, 1939, defendant was convicted on a drunkenness charge in the municipal court of Minneapolis and sentenced to pay a fine of $10 or suffer a workhouse sentence; that on May 22 she was convicted on a similar charge and sentenced to 30 days in the workhouse; and that again on October 7 she was convicted of being drunk and sentenced to the workhouse for 90 days. While so confined and in the circumstances stated, her attorney prepared and served an amended answer wherein she denied generally and specifically the controversial issues upon which the complaint was founded. By cross-bill, she sought divorce on the ground of extreme cruelty on her husbands part. Plaintiffs reply put in issue these claims.