Smith v. Smith
Supreme Court of Vermont
Petition for divorce, with prayer for alimony. Bill granted at the December Term, igoo, Orange County,' Watson, J., presiding. ‘Heard in vacation thereafter on question of alimony, and order therefor denied. The petitioner excepted. The failure to obtain personal service on the libellee, and his failure to appear, are no bar to a decree in the nature of a judgment in rem.
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Petition for divorce, with prayer for alimony. Bill granted at the December Term, igoo, Orange County,' Watson, J., presiding. ‘Heard in vacation thereafter on question of alimony, and order therefor denied. The petitioner excepted. The failure to obtain personal service on the libellee, and his failure to appear, are no bar to a decree in the nature of a judgment in rem. By the decree of distribution, F. W. Smith, who is within the jurisdiction of the court, has become the debtor of the libellee. Poster v. Poster, 56 Vt. 540. The lex loci rei sitae with reference to> creditors, is the…
1Opinion of the CourtStart, J.
The court below held that it did not have jurisdiction to decree the payment of money to the libellant as alimony. This holding was correct. The process was not served upon the respondent in this state, and he did not appear in the cause by himself or attorney. The only notice of the pendency of the libel was by publication, under V. S. 2682. This did not give the court jurisdiction of the person of the respondent, or of his estate that was not brought under the control of the court by the process. A decree for the payment of money as alimony is a decree in personam, and is void without…
2Cases cited8 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Price v. HickokSupreme Court of Vermont · 1866
- McKinney v. . CollinsNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hood v. HoodSupreme Court of Georgia · 1908
- Shipley v. ShipleySupreme Court of Iowa · 1919
- Carter v. CarterSupreme Court of Connecticut · 1960
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Schmidt v. SchmidtMassachusetts Supreme Judicial Court · 1932
8 more not listed; retrieve them via the Exa API.