Legal Opinion

Roll v. Roll

Supreme Court of Minnesota

Decided November 23, 1892PublishedCited by 9 opinions

Appeal by defendant Martin W. Roll, from a judgment of the Municipal Court of the City of St. Paul, Twohy, J., entered December 24, 1891, for $60 and costs, in favor of Mary Roll, his wife. The plaintiff and defendant were husband and wife. On June 30, 1887, they entered into the agreement in writing stated in the opinion. - They had separated and lived apart for six months prior to that time.

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Appeal by defendant Martin W. Roll, from a judgment of the Municipal Court of the City of St. Paul, Twohy, J., entered December 24, 1891, for $60 and costs, in favor of Mary Roll, his wife. The plaintiff and defendant were husband and wife. On June 30, 1887, they entered into the agreement in writing stated in the opinion. - They had separated and lived apart for six months prior to that time. Defendant paid his wife $15 each month up to June 1, 1890. This action was to recover the sums falling due in the next four months. The contract between these parties, being husband and wife, cannot be…

1Opinion of the CourtVanderburgh, J.

The plaintiff and defendant, husband and wife, entered into a postnuptial agreement, reciting that the parties had made an agreement to live separate and apart from each other, and whereby the defendant, as party of the first part, in consideration of the release by the party of the second part, the plaintiff, of all her right and claim to alimony and support from the party of the first part, “does hereby contract and agree to pay to the party of the second part the sum of $15 per month from and after the 1st day of June, 1887, said sum to be due and payable the 1st day of each month.” The…

2Cases cited2 opinions

  1. Walker v. Walker'sSupreme Court of the United States · 1870
  2. Pettit v. PettitNew York Court of Appeals · 1887

3Cited by9 opinions

  1. Henderson v. HendersonOregon Supreme Court · 1900
  2. Erickson v. EricksonSupreme Court of Minnesota · 1930
  3. Tallmon v. TallmonSupreme Court of Iowa · 1914
  4. Vanderburgh v. VanderburghSupreme Court of Minnesota · 1922
  5. Foote v. NickersonSupreme Court of New Hampshire · 1900

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