Legal Opinion

Stuart v. Stuart

Massachusetts Supreme Judicial Court

Decided November 28, 1877PublishedCited by 6 opinions

Petition, filed June 4,1877, for an attachment for a contempt in neglecting and refusing to give bond to secure the payment of alimony in accordance with the terms of a decree of this court, rendered at April term 1877, upon the libel of the petitioner, filed May 19, 1876, and the default of the respondent, and granting her a divorce from the bond of matrimony, and ordering him to pay to her the sum of $250 and costs on May 1,1877, and the further sum of $800 yearly until…

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Petition, filed June 4,1877, for an attachment for a contempt in neglecting and refusing to give bond to secure the payment of alimony in accordance with the terms of a decree of this court, rendered at April term 1877, upon the libel of the petitioner, filed May 19, 1876, and the default of the respondent, and granting her a divorce from the bond of matrimony, and ordering him to pay to her the sum of $250 and costs on May 1,1877, and the further sum of $800 yearly until otherwise ordered, as alimony, in equal quarterly payments, beginning on August 1,1877, and to file, within thirty days…

1Opinion of the CourtGray, C. J.

This is a petition for an attachment for a contempt in neglecting and refusing to obey an order of this court, requiring the respondent to give bond for the payment of alimony to the petitioner! No question as to the form of the petition has been argued or considered. The only question reserved is whether, upon the facts stated in the report, an attachment should issue. But we have not sufficient facts before us to enable us to decide that question.

The respondent’s conveyance and transfer of his property, in anticipation of his wife’s filing a libel against him for a divorce and alimony, and…

2Cases cited4 opinions

  1. In Re ChilesSupreme Court of the United States · 1875
  2. Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
  3. Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
  4. Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1876

3Cited by6 opinions

  1. Murray v. MurrayCalifornia Supreme Court · 1896
  2. Foster v. FosterSupreme Court of Vermont · 1884
  3. Newton Rubber Works v. de las CasasMassachusetts Supreme Judicial Court · 1908
  4. Darrow v. DarrowMassachusetts Supreme Judicial Court · 1893
  5. Dougan v. DouganSupreme Court of Minnesota · 1903

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