Southworth v. Treadwell
Massachusetts Supreme Judicial Court
Petition for the reduction of alimony. The petition alleged that on June 5, 1890, a divorce from the petitioner was granted to the respondent on the ground of desertion, with an allowance of one hundred and fifty dollars a month as alimonythat on January 23, 1896, the respondent was married to one Treadwell, with whom she thereafter lived, and that the payment of the alimony as required by the decree was a burden upon the petitioner.
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Petition for the reduction of alimony. The petition alleged that on June 5, 1890, a divorce from the petitioner was granted to the respondent on the ground of desertion, with an allowance of one hundred and fifty dollars a month as alimonythat on January 23, 1896, the respondent was married to one Treadwell, with whom she thereafter lived, and that the payment of the alimony as required by the decree was a burden upon the petitioner. The prayer of the petition was that the order as to alimony should be revoked, or the alimony reduced. The answer alleged that the decree as to alimony was based…
1Opinion of the CourtBarker, J.
The court was right in declining to rule as requested by the respondent, and in the ruling given at the request of the petitioner. The stipulation for alimony to be decreed in the suit for divorce added nothing to the force of the decree, and did not affect the power of the court to change the rights of the parties by further orders or decrees respecting alimony. Pub. Sts. c. 146, § 39. Upon the petition the court had power to revise and modify the decree, as it deemed reasonable upon all the circumstances of the case. Graves v. Graves, 108 Mass. 314, 321. Foster v. Foster, 130 Mass. 189, 191.
2Cases cited2 opinions
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Foster v. FosterMassachusetts Supreme Judicial Court · 1881
3Cited by42 opinions
- Emerson v. EmersonCourt of Appeals of Maryland · 1913
- Cohen v. CohenCalifornia Supreme Court · 1906
- Prime v. PrimeOregon Supreme Court · 1943
- Gloth v. GlothSupreme Court of Virginia · 1930
- Herrick v. HerrickIllinois Supreme Court · 1925
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