Sparhawk v. Sparhawk
Massachusetts Supreme Judicial Court
Petition, filed at October term 1874, to make absolute a decree of divorce nisi obtained by the petitioner against the respondent at April term 1872, for extreme cruelty; and to award her a gross sum in full of all alimony, and instead of the sum of $4000 annually, as ordered by the court at April term 1873. The divorce was accordingly made absolute; and at the hearing upon the question of alimony, the respondent “contended that it is a general rule in equity that in all…
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Petition, filed at October term 1874, to make absolute a decree of divorce nisi obtained by the petitioner against the respondent at April term 1872, for extreme cruelty; and to award her a gross sum in full of all alimony, and instead of the sum of $4000 annually, as ordered by the court at April term 1873. The divorce was accordingly made absolute; and at the hearing upon the question of alimony, the respondent “contended that it is a general rule in equity that in all cases when the former wife applies for alimony on the ground of cruelty, her own conduct must not he impeachable with such…
1Opinion of the CourtAmes, J.
This motion was heard and considered by the court as if it were merely an attempt to settle upon a sum in gross which should be as nearly as possible an equivalent, considering the age and expectation of life of the respective parties, for the annual allowance already decreed to the wife as alimony. But we are satisfied that this was an erroneous view of the case. If the libellant thought proper to open the subject of alimony by a motion to change the form of the allowance, it rendered it proper and necessary for the court to consider, not only what would be a proper substitute, as an…
2Cases cited2 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Mason v. DalyMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Ruge v. RugeWashington Supreme Court · 1917
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Watts v. WattsMassachusetts Supreme Judicial Court · 1942
- Holt v. HoltMassachusetts Supreme Judicial Court · 1925
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