Barker v. Dayton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rode County. In 1867, Sarab A. Dayton obtained a judgment of divorce a vinculo, against tbe defendant Jeremy S. Dayton, and a further judgment for $800 as alimony, and $77.41 as costs of tbe action.
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APPEAL from tbe Circuit Court for Rode County. In 1867, Sarab A. Dayton obtained a judgment of divorce a vinculo, against tbe defendant Jeremy S. Dayton, and a further judgment for $800 as alimony, and $77.41 as costs of tbe action. Tbe judgment directs that execution issue to collect tbe amount allowed for alimony, and adds: “ It is further ordered that tbe defendant * * * forthwith give sufficient security to tbe said plaintiff for tbe payment of this judgment; and until such security is given, this judgment is ordered and is hereby adjudged to be a lien upon all tbe real estate of tbe…
1Opinion of the Court
DixON, 0. J.
Counsel for the defendants argue several minor propositions or points in support of the first general proposition insisted on by them, which is, that supplementary *379proceedings and tbe appointment of a receiver are unauthorized upon a judgment for divorce with alimony, or to enforce payment or satisfaction of tbe judgement for alimony in sucb case. There is high authority for saying, independently of any statutory provision to that effect, that a suit or action in equity will be maintained to compel payment of alimony which has been decreed to the wife in such case (Barber v.…
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