Slade v. Slade
Massachusetts Supreme Judicial Court
Petition filed at October term 1870, representing that at Boston on April 13, 1868, a decree in the petitioner’s favor for her divorce from the bed and board of James Slade, now commorant of Boston, was rendered in this county upon a libel filed by her, and he was ordered to pay her $600 per annum as alimony, in quarterly instalments; that three of the instalments were overdue and unpaid, notwithstanding her demand upon him for their payment, and his ability to make it; and…
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Petition filed at October term 1870, representing that at Boston on April 13, 1868, a decree in the petitioner’s favor for her divorce from the bed and board of James Slade, now commorant of Boston, was rendered in this county upon a libel filed by her, and he was ordered to pay her $600 per annum as alimony, in quarterly instalments; that three of the instalments were overdue and unpaid, notwithstanding her demand upon him for their payment, and his ability to make it; and that he refused to make payment thereof; “ wherefore she says that the said James stands in contempt of this court in…
1Opinion of the CourtChapman, C. J.
By the Rev. Sts. c. 76, regulating divorces, the court was authorized to hear cases according to the course of proceedings in ecclesiastical courts and in courts of chancery, and. might issue process of attachment and execution, and other proper process necessary for the dispatch and final determination of such cases. The case of Morton v. Morton, 4 Cush. 518, was decided under this statute, and the court recommended a scire facias as the proper remedy in case of nonpayment of instahnents, and refused, in that case, to issue a process of attachment for contempt. They did not, however, decide…
2Cases cited1 opinion
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
- Cain v. MillerNebraska Supreme Court · 1922
- White v. WhiteMassachusetts Supreme Judicial Court · 1919
- United States v. Owen M. RyeCourt of Appeals for the First Circuit · 1977
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