Allen v. Allen
Massachusetts Supreme Judicial Court
Contract, commenced by trustee process in the superior court, by a wife against her husband, to recover alimony and costs decreed to her by this court after a divorce from bed and board, granted, on her petition, for his cruelty. At the trial, before Morton, J., without a jury, the husband contended that the coverture of the plaintiff deprived her of any right to maintain the action; and that, even if this were not so, she had no remedy in this form.
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Contract, commenced by trustee process in the superior court, by a wife against her husband, to recover alimony and costs decreed to her by this court after a divorce from bed and board, granted, on her petition, for his cruelty. At the trial, before Morton, J., without a jury, the husband contended that the coverture of the plaintiff deprived her of any right to maintain the action; and that, even if this were not so, she had no remedy in this form. The judge ruled to the contrary, and gave judgment for the plaintiff. The husband alleged exceptions.
1Opinion of the CourtFoster, J.
The question in this case is, whether a wife can maintain an action of contract, commenced by trustee process in the superior court, against her husband, to recover specific sums of money decreed by this court for alimony and costs of suit upon a divorce a mensd et thora between the parties, granted on her application. It appear^ by inspecting the declaration, *374that the action is brought to recover not only the sums that were immediately and absolutely payable by the decree, but also future monthly instalments, which were then awarded, and have since become payable, and now remain overdue.
A…
2Cases cited5 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Pennington v. GibsonSupreme Court of the United States · 1854
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
- Davol v. DavolMassachusetts Supreme Judicial Court · 1816
3Cited by38 opinions
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Barclay v. BarclayIllinois Supreme Court · 1900
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
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