De Roche v. De Roche
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Melvina De Roche against Leon De Roche. Judgment for plaintiff, and defendant appeals. Granting of alimony is a statutory, not a common law right. Davol v. Davol, 13 Mass. 264. Alimony should be a sum payable from time to time, and in the absence of special agreement, or statutory authorization, should not be allowed in gross amount, or specific property. 2 Am. and Eng.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by Melvina De Roche against Leon De Roche. Judgment for plaintiff, and defendant appeals. Granting of alimony is a statutory, not a common law right. Davol v. Davol, 13 Mass. 264. Alimony should be a sum payable from time to time, and in the absence of special agreement, or statutory authorization, should not be allowed in gross amount, or specific property. 2 Am. and Eng. Enc. of Law (2nd Ed.) 129; Ross v. Ross, 78 111. 402; Von Glahn v. Von Glahn, 46 111. 136; Keating v. Keating, 48 111. 241; Maguire v. Maguire, 7 Dana (Ky)…
1Opinion of the CourtPollock, District Judge
(after stating the facts). The appeal in -this case calls for a trial de novo. Three questions are presented by the record. First. Does the testimony sustain the findings and conclusion that a decree should be granted to plaintiff ? Second. If it does, can the court, under our statute (section 2761, Rev. Codes 1899), grant alimony in a gross sum? Third. If it can, was the amount fixed by the lower court excessive ?
1. We have carefully examined the record, covering, as it does, 210 pages, and are of the unanimous opinion that the findings and conclusions of the lower court upon the merits…
2Cases cited6 opinions
- Buckminster v. BuckminsterSupreme Court of Vermont · 1865
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- Hedrick v. HedrickIndiana Supreme Court · 1867
- Robinson v. RobinsonCalifornia Supreme Court · 1889
- Wheeler v. WheelerIllinois Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kucera v. KuceraNorth Dakota Supreme Court · 1962
- Warne v. WarneSouth Dakota Supreme Court · 1916
- Enders v. EndersIdaho Supreme Court · 1922
- Tuning v. TuningWest Virginia Supreme Court · 1922
- Brosius Homes Corp. v. BennettCourt of Appeals of Maryland · 1953
6 more not listed; retrieve them via the Exa API.