Knight v. Macomber
Supreme Judicial Court of Maine
On Report. Debt on a judgment of the late District Court, Middle District, recovered in favor of Julia Macomber, the plaintiff’s intestate, at the August term, 1844, against the defendant for one year’s alimony of §44. Writ dated Eeb. 19, 1866. Plea general issue.
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On Report. Debt on a judgment of the late District Court, Middle District, recovered in favor of Julia Macomber, the plaintiff’s intestate, at the August term, 1844, against the defendant for one year’s alimony of §44. Writ dated Eeb. 19, 1866. Plea general issue. It appeared that three executions were issued upon the judgment in suit, dated Oct. 16, 1844, March 6, 1847, and May 30,1850, respectively, which were severally returned by Moses Whittier, a deputy sheriff, "in no part satisfied.” Moses Whittier, called by the plaintiff, testified: — While deputy sheriff, had for collection an…
1Opinion of the Court
Appleton, C. ,J.
At the October term of the Supreme Judicial Court, A. D. 1842, Julia Macomber, the plaintiff’s intestate, obtained a divorce from the defendant with an allowance of $44 a year as alimony.
At a term of the late District Court, the alimony for a year remaining unpaid, she recovered judgment for the same and costs. Three several executions were issued, upon each of which the return of "in no part satisfied” was made by the officer having the same for collection. The last execution bore the date of May 30, 1850.
The defendant relies on R. S., 1857, c. 81, § 112. "Every judgment and…
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