Miller v. Miller
Supreme Judicial Court of Maine
On pacts agreed. Debt upon a bond signed by the defendant with one Nathaniel J. Miller, deceased. The plaintiffs are the minor children of said late Nathaniel J. Miller and of Sarah P. Miller who was divorced from him upon her libel, at the October term, 1871, of this court, and it then was ordered and decreed that instead of alimony the specific sum of seven thousand dollars be forthwith paid by the said Nathaniel J. Miller to the said Sarah P. Miller, for which execution…
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On pacts agreed. Debt upon a bond signed by the defendant with one Nathaniel J. Miller, deceased. The plaintiffs are the minor children of said late Nathaniel J. Miller and of Sarah P. Miller who was divorced from him upon her libel, at the October term, 1871, of this court, and it then was ordered and decreed that instead of alimony the specific sum of seven thousand dollars be forthwith paid by the said Nathaniel J. Miller to the said Sarah P. Miller, for which execution was to issue in the usual form; and it was further “ordered and decreed that the said Nathaniel J. Miller pay the further…
1Opinion of the CourtWalton, J.
The question is whether a decree of this court, made in a divorce suit, that the mother shall have the care'and *487custody of the minor children, and that the father shall pay a certain sum quarterly towards their support, which by its terms is to continue in force till the further order of court, is discharged by the father’s death.
We think it is not. The statute conferz’ing jurisdiction in such cases is very comprehensive. It authorizes the court to make such a decree as the circumstances require. If, from hostility to the mother, or other cause, there is dazzger that the father will…
2Cases cited2 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Burr v. BurrNew York Court of Chancery · 1842
3Cited by37 opinions
- Kujawinski v. KujawinskiIllinois Supreme Court · 1978
- Gardine v. CotteySupreme Court of Missouri · 1950
- Storey v. StoreyIllinois Supreme Court · 1888
- Mansfield v. HillOregon Supreme Court · 1910
- Bryant v. BryantSupreme Judicial Court of Maine · 1980
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