Legal Opinion

Prosser v. Warner

Supreme Court of Vermont

Decided February 15, 1875PublishedCited by 15 opinions

Debt on a decree for alimony, made by the supreme court of New York upon granting a divorce to the female plaintiff from the defendant, her former husband. The defendant craved oyer of the record of the proceedings in that suit, and demurred. The case sufficiently appears from the opinion. The court, at.the December term, 1873, Barrett, J., presiding, sustained the demurrer, and rendered judgment for the defendant; to which the • plaintiffs excepted.

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Debt on a decree for alimony, made by the supreme court of New York upon granting a divorce to the female plaintiff from the defendant, her former husband. The defendant craved oyer of the record of the proceedings in that suit, and demurred. The case sufficiently appears from the opinion. The court, at.the December term, 1873, Barrett, J., presiding, sustained the demurrer, and rendered judgment for the defendant; to which the • plaintiffs excepted. The judgment on which this suit is founded, was a part of the judgment of divorce, duly granted in the state of New York, and is distinguished…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

In this case the plaintiffs seek to recover the amount of a decree of alimony granted to the plaintiff wile by the supreme court of New York, in June, 1868, in proceedings commenced by her to obtain a divorce from the defendant. The action is debt upon that judgment. The defendant having obtained oyer of the record of the proceedings in the supreme court of New York, and spread them upon the record in this case, by his plea insists that the same are insufficient in law to enable the plaintiffs to maintain their action. From the record of the…

2Cases cited9 opinions

  1. Borden v. FitchNew York Supreme Court · 1818
  2. Maguire v. MaguireCourt of Appeals of Kentucky · 1838
  3. Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
  4. Barber v. RootMassachusetts Supreme Judicial Court · 1813
  5. Bradshaw v. HeathNew York Supreme Court · 1835

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3Cited by15 opinions

  1. Rigney v. . RigneyNew York Court of Appeals · 1891
  2. Blondin v. BrooksSupreme Court of Vermont · 1910
  3. Rea v. ReaSupreme Court of Iowa · 1904
  4. Noyes v. NoyesSupreme Court of Vermont · 1939
  5. Smith v. SmithSupreme Court of Vermont · 1901

10 more not listed; retrieve them via the Exa API.

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