Legal Opinion

Hintz v. Wayne Circuit Judge

Michigan Supreme Court

Decided April 3, 1928No. Calendar 33,294PublishedCited by 8 opinions

1Opinion of the Court

The part of the order for temporary alimony requiring defendant "to make all payments and properly finance all arrearages upon the premises occupied by plaintiff" was in excess of power in the court and a nullity.

We are advised by the record that it will require the sum of upward of $5,000 to finance such property against immediate existing grounds of forfeiture and loss

Judicial power to decree divorce and all interlocutory proceedings, inclusive of temporary alimony, expense money, and counsel fees, is purely statutory, and the ordinary principles of equity jurisdiction do not obtain. That…

2Cases cited3 opinions

  1. Maslen v. AndersonMichigan Supreme Court · 1910
  2. Ritzer v. RitzerMichigan Supreme Court · 1928
  3. Heck v. BaileyMichigan Supreme Court · 1918

3Cited by8 opinions

  1. Ostrander v. OstranderSupreme Court of Minnesota · 1934
  2. Mack v. MackMichigan Supreme Court · 1938
  3. Brown v. BrownMichigan Supreme Court · 1953
  4. Gallison v. GallisonMichigan Court of Appeals · 1966
  5. Winter v. WinterMichigan Supreme Court · 1936

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