Legal Opinion

Squires v. Squires

Supreme Court of Vermont

Decided October 15, 1880PublishedCited by 9 opinions

This case was tried at the May Term, 1879, Windsor County, Barrett, J., presiding. Libel for divorce. The libellee moved to dismiss the petition. The motion was in writing, claiming, that the written agreement signed by the libellee and the father of the libellant, acting as her agent, was a good defence, especially as he had performed his pa'rt of the contract, in paying all that he agreed to, and delivering the property, &c., to the libellant.

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This case was tried at the May Term, 1879, Windsor County, Barrett, J., presiding. Libel for divorce. The libellee moved to dismiss the petition. The motion was in writing, claiming, that the written agreement signed by the libellee and the father of the libellant, acting as her agent, was a good defence, especially as he had performed his pa'rt of the contract, in paying all that he agreed to, and delivering the property, &c., to the libellant. The petition was dated April 24th, 1879 ; the deed of separation, September 17th, 1877. This agreement, in effect, was, that the said husband and…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

This is a libel for divorce on the ground of intolerable severity, and was dismissed by the County Court, that court holding that the contract entered into between the libellee and the father of the libellant, acting in her behalf, after the separation, operated a defence to the petition for the cause alleged, which had accrued before the contract was made.

The point is made in behalf of the libellant that the question should have been raised by plea instead of motion, as it was based on matters dehors the record. This would be the correct…

2Cases cited9 opinions

  1. Randall v. RandallMichigan Supreme Court · 1877
  2. Carson v. MurrayNew York Court of Chancery · 1831
  3. Walker v. Walker'sSupreme Court of the United States · 1870
  4. Wells v. StoutCalifornia Supreme Court · 1858
  5. J. G. v. H. G.Court of Appeals of Maryland · 1870

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3Cited by9 opinions

  1. Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
  2. Castonguay v. Grand Trunk Railway Co.Supreme Court of Vermont · 1917
  3. Moreland v. MorelandSupreme Court of Virginia · 1908
  4. Fosdick v. FosdickSupreme Court of Rhode Island · 1885
  5. Foote v. NickersonSupreme Court of New Hampshire · 1900

4 more not listed; retrieve them via the Exa API.

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