Prescott v. Prescott
Supreme Judicial Court of Maine
Writ of error to reverse a decree of tbe court against tbe plaintiff in a libel for divorce a vinculo, wherein the defendant was libel-ant.
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Writ of error to reverse a decree of tbe court against tbe plaintiff in a libel for divorce a vinculo, wherein the defendant was libel-ant. The writ was dated Nov. 9,1868. The errors assigned were 1. “In making a decree in and by which the said Joseph Prescott was ordered and required to pay to the said Rebecca E. Prescott the sum of six hundred dollars instead of alimony; and also in entering up of judgment against the said Joseph for said sum of six hundred dollars in pursuance of said decree, there being no prayer, claim, or demand for alimony, or for a specific sum of money in lieu…
1Opinion of the CourtAppletoN, C. J.
This is a writ of error in which the plaintiff seeks to reverse a decree rendered against him in a libel for a divorce, in which the defendant in error was libelant.
The proceedings for a divorce, in some of the States, are by a bill in equity. In others they are by libel or petition. In England they are in the ecclesiastical courts. Error only lies where the proceedings are according to the course of the common law. It may well be questioned if error can be maintained to reverse a decree of divorce. Waiving, however, that question, we will proceed to examine the errors assigned, as they…
2Cases cited3 opinions
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- Tharp v. Tharp's admr.Court of Appeals of Kentucky · 1860
- Orrok v. OrrokMassachusetts Supreme Judicial Court · 1805
3Cited by5 opinions
- Hopping v. HoppingSupreme Court of Iowa · 1943
- Haven v. TrammellSupreme Court of Oklahoma · 1920
- Parker v. ParkerOhio Circuit Courts · 1894
- State Ex Rel. Adams v. Superior CourtWashington Supreme Court · 1950
- State Ex Rel. Adams v. Superior CourtWashington Supreme Court · 1950