Kelley v. Kelley
Massachusetts Supreme Judicial Court
Petition in equity, filed in the Superior Court, to obtain an execution upon a judgment alleged to have been recovered by the plaintiff against the defendant in the State of New York. Hearing before Hopkins, J., who found for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
In this Commonwealth no power exists in any court to pass an order for the payment of alimony pendente lite, or of permanent alimony, in a matrimonial cause of any description, except under provisions of statute conferring such power. By the Constitution of Massachusetts, c. 3, art. 5, it was provided that “All causes of marriage, divorce, and alimony . . . shall be heard and determined by the Governor and Council until the Legislature shall by law make other provision.” By St. 1785, c. 69, § 2, it was enacted that “All marriages, where either of the parties shall have a former wife or *112husband…
2Cases cited33 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Galpin v. PageSupreme Court of the United States · 1874
- Simmons v. SaulSupreme Court of the United States · 1891
- Harris v. . WhiteNew York Court of Appeals · 1880
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
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3Cited by27 opinions
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- Gorey v. GuarenteMassachusetts Supreme Judicial Court · 1939
- DeVall v. DeVallOregon Supreme Court · 1910
- Tonti v. ChadwickSupreme Court of New Jersey · 1949
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