Davol v. Davol
Massachusetts Supreme Judicial Court
This was an action of debt, founded on a decree of this Court made and passed October term, 1804, at Taunton, wheieby the present plaintiff was divorced a vinculo from the defendant, who had been her husband ; and, by the same decree, the sum of $ 50 was allowed her, to be paid annually by the defendant. The plaintiff avers that six years of her said alimony are in arrear.
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This was an action of debt, founded on a decree of this Court made and passed October term, 1804, at Taunton, wheieby the present plaintiff was divorced a vinculo from the defendant, who had been her husband ; and, by the same decree, the sum of $ 50 was allowed her, to be paid annually by the defendant. The plaintiff avers that six years of her said alimony are in arrear. The defendant, after reciting the decree in hcec verba, pleads, in substance, that the same is void as it respects the said alimony, for want of authority in the Court to pass it. To this plea there is a general demurrer,…
1Opinion of the CourtParker, C. J.
It appears very clearly, that, when this decree was passed, there was no statute in force, authorizing the allowance of alimony in cases of divorce. The only question, therefore, is, whether it is void, or voidable only by writ of error. * Generally, judgments which are erroneous stand in force and may be executed, or may be enforced by action of debt, until reversed ; and they cannot be avoided on account of error, collaterally or by plea.
But this doctrine is applicable only to judgments of courts which proceed according to the course of the common law ; for on such only will writs of error…
2Cited by12 opinions
- Gottsegen v. GottsegenMassachusetts Supreme Judicial Court · 1986
- Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
- Pierce v. PierceMassachusetts Supreme Judicial Court · 2009
- Pape v. PapeCourt of Appeals of Texas · 1896
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