Legal Opinion · Concurrence

Austad v. Austad

Utah Supreme Court

Decided April 13, 1954No. 8068Published

1ConcurrenceHoyt, District Judge

I concur in the result, and generally with what is said in the opinion. But with •reference to relieving defendant from payment of alimony subsequent to remarriage of the plaintiff, I base my concurrence upon the ground that the court had power to modify its previous order with respect to past-due instalment, rather than upon the ground that we-should read into the statute or into the divorce decree a proviso that alimony should cease upon remarriage of plaintiff. I think a reconsideration of the doctrine announced in the case of Myers, v. Myers has been long overdue, but I think we should…

2Cases cited5 opinions

  1. Sistare v. SistareSupreme Court of the United States · 1910
  2. Winkel v. WinkelCourt of Appeals of Maryland · 1940
  3. Beesley v. BadgerUtah Supreme Court · 1925
  4. Taylor v. StoweMassachusetts Supreme Judicial Court · 1914
  5. Buzzo v. BuzzoUtah Supreme Court · 1915

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