Dunbar v. Dunbar
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS. The defendant in error, being the plaintiff below, brought her action in October, 1899, against the plaintiff in error, in the Municipal Court of Boston, to recover moneys alleged to be due upon a contract, which was set forth in the complaint. Issue was joined and the case tried before a single justice, and judgment ordered for the defendant with costs.
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ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS. The defendant in error, being the plaintiff below, brought her action in October, 1899, against the plaintiff in error, in the Municipal Court of Boston, to recover moneys alleged to be due upon a contract, which was set forth in the complaint. Issue was joined and the case tried before a single justice, and judgment ordered for the defendant with costs. An appeal was taken to the Superior Court of the county of Suffolk, and that court ordered judgment for the plain tiff for one branch only of her claim. The case wa,s reported to the…
1Opinion of the Court
Mr. Justice Peckham,
after making the foregoing statement of facts,, delivered the opinion of the court..
Had the provisions of this contract, so far as contracting to pay money for the support of his wife is concerned;, been embodied .in the decree of divorce which the husband obtained from his wife in Ohio on the ground of desertion, the liability of the husband to pay the amount as alimony, notwithstanding his discharge in bankruptcy, cannot be doubted. Audubon v. Shufeldt, 181 U. S. 575. We are not by any means .clear -that the same principle ought not to govern a contract of this nature…
2Cases cited5 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Schell v. . PlumbNew York Court of Appeals · 1874
- Riggin v. MagwireSupreme Court of the United States · 1873
3Cited by163 opinions
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- Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Crawford v. BurkeSupreme Court of the United States · 1904
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