Nixon v. Wright

The complainant’s decree for divorce, made on December 30, 1895, contained a provision in her favor for $500, payable on or before October 1,1896. In December, 1905, an action at law was brought upon this decree. The defendant’s counsel demurred to the declaration upon the ground that an action at law cannot be maintained upon a decree for permanent' .alimony. The learned circuit judge overruled the demurrer, and rendered judgment for the plaintiff, from which defendant has appealed.

If it be conceded that an action at law will lie upon any decree in equity, which is for an ascertained and…