Golder v. Golder
Massachusetts Supreme Judicial Court
Contract upon a judgment for $800 of the Supreme Judicial Court for the State of Maine on an order issued by that court in an action of libel for divorce. Writ in the Municipal Court of the City of Boston dated September 18, 1918. The defendant filed a motion to dismiss the action on the ground “that the plaintiff is and was at the time of the bringing of this action the wife of the defendant.”
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Contract upon a judgment for $800 of the Supreme Judicial Court for the State of Maine on an order issued by that court in an action of libel for divorce. Writ in the Municipal Court of the City of Boston dated September 18, 1918. The defendant filed a motion to dismiss the action on the ground “that the plaintiff is and was at the time of the bringing of this action the wife of the defendant.” At the trial in the Municipal Court the defendant requested the judge to rule “ that this action being brought by a wife against her husband cannot be maintained for want of jurisdiction of the court…
1Opinion of the CourtBraley, J.
The defendant, while conceding the validity of the judgment on the interlocutory order awarding alimony to the *262plaintiff in her libel for divorce which still is pending in the State of Maine, contends, that the present action brought in contract for the amount cannot be maintained.
If a final and absolute decree had been entered, the bonds of matrimony would have been dissolved, and the remedy at law would be complete. Page v. Page, 189 Mass. 85. Wells v. Wells, 209 Mass. 282, 288. Taylor v. Stowe, 218 Mass. 248. But in the absence of a final decree the parties are husband and wife. A right of…
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