Howard v. Howard
Massachusetts Supreme Judicial Court
The plaintiff was formerly the wife of the defendant, and was divorced, a vinculo, in 1814, for the cause of adultery committed by the husband.
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The plaintiff was formerly the wife of the defendant, and was divorced, a vinculo, in 1814, for the cause of adultery committed by the husband. In addition to the decree of divorce, a decree passed, ordering the defendant to pay to the plaintiff, for alimony, the sum of fifty dollars yearly, in quarter-payments of 12 dollars 50 cents; and the present action was brought to recover two years and three quarters of the said annuity — the plaintiff declaring in debt, as upon a judgment of the Court. The defendant demurred generally to the declaration, and the plaintiff joined in demurrer.
1Per curiam
The only question made in this case is, whether an action of debt will lie, to recover the sum ascertained to be due by the decree of this Court for alimony ; and there seems to be no reason why it should not. The debt is certain, and it is proved by record ; and the decree is, in effect, as much a judgment, as if rendered on the common-law side of the Court.
It was once doubted whether an execution could issue, to carry into effect such a decree, and whether the only remedy should not be an action of debt; but there seems no good reason why both the remedies may not exist, (a)
Declaration…
2Cases cited1 opinion
- Storer v. StorerMassachusetts Supreme Judicial Court · 1810
3Cited by23 opinions
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