Legal Opinion · Dissent

Shibley v. Shibley

Washington Supreme Court

Decided March 19, 1935No. 25308. En BancPublished

1DissentMillard, C. J.

(dissenting) — A decree in equity for an ascertained and specific amount of money is of no higher dignity than a judgment at law for a sum of money. A decree'for alimony is a debt of record as much, as any other judgment for money. 1 E. C. L. 951.

As we said in In re Van Alstine, 21 Wash. 194, 57 Pac. 348:

“Here is a decree for money, — a decrée analogous to a money judgment at law, which may be enforced by process against property. It differs from a decree for the recovery of something in specie, of which a party has been deprived, and for the loss of which compensation in damages cannot be…

2Cases cited13 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
  3. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  4. Lynde v. Lynde; Lynde v. LyndeSupreme Court of the United States · 1900
  5. Lynde v. . LyndeNew York Court of Appeals · 1900

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