Stratton v. Stratton
Supreme Judicial Court of Maine
On exceptions. Petition, filed at the October term, 1880, for a decrease of alimony allowed by the court by way of an annuity of two hundred and fifty dollars during life to the respondent in a libel for divorce, filed by the petitioner against the respondent at the March term, 1860. The respondent moved to dismiss the petition on the ground that the court had no right, jurisdiction or authority over the matter.
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On exceptions. Petition, filed at the October term, 1880, for a decrease of alimony allowed by the court by way of an annuity of two hundred and fifty dollars during life to the respondent in a libel for divorce, filed by the petitioner against the respondent at the March term, 1860. The respondent moved to dismiss the petition on the ground that the court had no right, jurisdiction or authority over the matter. The court proforma sustained the motion and dismissed the petition, and the petitioner alleged exceptions. The question is, has the court the power to grant the prayer of the…
1Opinion of the CourtSymonds, J.
This is a petition for relief from the payment, of an annuity of two hundred and fifty dollars, decreed to the-wife as alimony in March, 1860, when a divorce was granted, upon the husband’s libel. The case is presented upon exception to the proforma ruling, that the court now has no power, on. motion or petition, to modify the decree concerning alimony.
In Henderson v. Henderson, 64 Maine, 419, it was held that the jurisdiction of the court, and its powers, relating to divorce, are derived solely from the statutes, and limited and controlled, by them. The question, then, is one purely of the…
2Cited by10 opinions
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- Spain v. SpainSupreme Court of Iowa · 1916
- Wood v. WoodSupreme Judicial Court of Maine · 1979
- Strater v. StraterSupreme Judicial Court of Maine · 1963
- Marshall v. MarshallCourt of Appeals of Maryland · 1932
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