Harvey v. Lane
Supreme Judicial Court of Maine
On exceptions, to a ruling, sustaining a demurrer to a petition to alter a decree in a divorce suit. On petition, representing that the petitioner, formerly the wife of the respondent, was divorced from the bonds of matrimony September 24, 1869, by this court holden at Paris, [&c.;] that on the same judgment for divorce it was further ordered and decreed that the custody of their two youngest children be given to the mother; that the respondent pay the petitioner thirty…
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On exceptions, to a ruling, sustaining a demurrer to a petition to alter a decree in a divorce suit. On petition, representing that the petitioner, formerly the wife of the respondent, was divorced from the bonds of matrimony September 24, 1869, by this court holden at Paris, [&c.;] that on the same judgment for divorce it was further ordered and decreed that the custody of their two youngest children be given to the mother; that the respondent pay the petitioner thirty dollars each year for five successive years; that said children have always lived with her and are much attached to her,…
1Opinion of the CourtDanforth, J.
This is a petition for an alteration of a decree of this court under B. S., c. 60, § 19. The respondent files a general demurrer which was sustained in the court, below and exceptions filed. The principal objection to the petition is that it does not set out such a decree as can be changed and that the alteration asked is of a decree which does not exist and cannot therefore be “altered.”
The petition alleges in substance that the petitioner was formerly the wife of the respondent from whom she was divorced at the term of this court holden in Oxford county in September, 1869 ; that in said…
2Cited by4 opinions
- Anthony D. Cox v. Yoko Ono CoxCourt of Appeals for the Third Circuit · 1972
- Palow v. KitchinSupreme Judicial Court of Maine · 1953
- Mahaney v. CrockerSupreme Judicial Court of Maine · 1953
- Lovelett v. MichaelSupreme Judicial Court of Maine · 1953