Knapp v. Knapp
Massachusetts Supreme Judicial Court
Scire facias. The writ, dated July 11, 1881, and returnable to this court, alleged that the plaintiff, in April 1853, was granted by this court an absolute divorce from the bonds of matrimony from Isaac N. Knapp, and was allowed the sum of $200 by the year as her reasonable alimony, to be paid to her by Isaac N. Knapp in quarterly payments, to be computed from April 27, 1853; that, at a term of this court held in May 1855, it was considered by the court that the alimony of…
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Scire facias. The writ, dated July 11, 1881, and returnable to this court, alleged that the plaintiff, in April 1853, was granted by this court an absolute divorce from the bonds of matrimony from Isaac N. Knapp, and was allowed the sum of $200 by the year as her reasonable alimony, to be paid to her by Isaac N. Knapp in quarterly payments, to be computed from April 27, 1853; that, at a term of this court held in May 1855, it was considered by the court that the alimony of the plaintiff be increased to $250 a year, to be paid to her by Isaac K. Knapp in quarterly payments, the first quarter…
1Opinion of the CourtField, J.
Although an action of contract on the judgment is the remedy commonly used in this Commonwealth, still a writ of scire facias is an appropriate process to obtain execution against the estate of a deceased judgment debtor in the hands of his executor or administrator. Heapy v. Parris, 6 T. R. 368. Bragner v. Langmead, 7 T. R. 20. Earl v. Brown, 1 Wils. 302. Hildreth v. Thompson, 16 Mass. 191. Jeffreson v. Morton, 2 Wms. Saund. 12, n. Wright v. Madocks, 8 Q. B. 119. Com, Dig. Execution, F.
Scire facias was considered a proper process to enforce against the husband a decree for alimony. Morton v.…
2Cases cited4 opinions
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
- Slade v. SladeMassachusetts Supreme Judicial Court · 1871
- Smith v. SmithSupreme Court of Connecticut · 1792
3Cited by50 opinions
- Wilson v. . HinmanNew York Court of Appeals · 1905
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- Wilson v. CaswellMassachusetts Supreme Judicial Court · 1930
- Wells v. WellsMassachusetts Supreme Judicial Court · 1911
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