Tolman v. Tolman
Court of Appeals for the D.C. Circuit
Hearing on appeal by the defendant from an order of the Supreme Court of the District of Columbia, holding an equity term, allowing alimony pendente lite and counsel fees, in a suit for permanent alimony; and from an order in the same cause sustaining exceptions taken by the complainant to certain portions of the defendant’s answer, as scandalous and irrelevant.
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Hearing on appeal by the defendant from an order of the Supreme Court of the District of Columbia, holding an equity term, allowing alimony pendente lite and counsel fees, in a suit for permanent alimony; and from an order in the same cause sustaining exceptions taken by the complainant to certain portions of the defendant’s answer, as scandalous and irrelevant. The Court in its opinion stated the case as follows: This is an application by a non-resident wife for a decree for alimony against her husband, residing in this District. The wife, Eva F. Tolman, resides in Boston, Mass., and she…
1Opinion of the Court
The Chief Justice
delivered the opinion of the Court.
On the appeals taken, the defendant objects to the jurisdiction of the court below, as a court of equity, to grant relief on the allegations of the bill. And if there be no jurisdiction, as contended, to grant the main relief, that is, permanent alimony, irrespective of any ground for divorce, and as no ground for divorce is alleged, it follows necessarily that no alimony, either permanent or pendente lite, can be granted on this application.
Is there, then, jurisdiction in the Supreme Court of this District, exercising equity powers and…
2Cases cited6 opinions
- Galland v. GallandCalifornia Supreme Court · 1869
- Wallingsford v. WallingsfordCourt of Appeals of Maryland · 1825
- Graves v. GravesSupreme Court of Iowa · 1873
- Glover v. GloverSupreme Court of Alabama · 1849
- Garland v. GarlandMississippi Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Melvin v. MelvinCourt of Appeals for the D.C. Circuit · 1942
- Tasanilla Hopson v. Delores Palmer HopsonCourt of Appeals for the D.C. Circuit · 1955
- Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
- Howard v. HowardCourt of Appeals for the D.C. Circuit · 1940
- Scholla v. Scholla (Two Cases)Court of Appeals for the D.C. Circuit · 1953
11 more not listed; retrieve them via the Exa API.