Legal Opinion · Dissent

Scholla v. Scholla (Two Cases)

Court of Appeals for the D.C. Circuit

Decided January 26, 1953No. 11268_1Published

1DissentWashington, Circuit Judge

For some years it has been the rule in this jurisdiction that foreign maintenance decrees, unlike domestic ones, cannot be enforced here by means of equitable process. A woman holding such a decree against her ex-husband can only sue him at law, as on an ordinary debt, for arrearages which have accrued under the decree.1 *215She and the children in her custody must somehow survive until enough arrearages to be worth the cost of suit accrue, must then succeed in obtaining service of process, and must nevertheless remain remediless if they cannot also find property on which to levy. Recently this…

2Cases cited21 opinions

  1. New York Ex Rel. Halvey v. HalveySupreme Court of the United States · 1947
  2. Griffin v. GriffinSupreme Court of the United States · 1946
  3. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  4. Yarborough v. YarboroughSupreme Court of the United States · 1933
  5. Industrial Comm'n of Wis. v. McCartinSupreme Court of the United States · 1947

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