Legal Opinion

Andrew v. Andrew

Supreme Court of Vermont

Decided October 6, 1889PublishedCited by 39 opinions

Petition that the petitionee be adjudged in contempt for the 'non-payment of alimony. Heard upon demurrer at the December Term, Bennington County, 1888, Taft, J., presiding. The ■demurrer was overruled and the defendant excepted. The case appears in the opinion. The County Court has no jurisdiction in divorce proceedings except that conferred by statute. The statute does not confer the right to. imprison for the non-payment of alimony.

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Petition that the petitionee be adjudged in contempt for the 'non-payment of alimony. Heard upon demurrer at the December Term, Bennington County, 1888, Taft, J., presiding. The ■demurrer was overruled and the defendant excepted. The case appears in the opinion. The County Court has no jurisdiction in divorce proceedings except that conferred by statute. The statute does not confer the right to. imprison for the non-payment of alimony. It is . provided that the County Court may issue process to carry its ■decree into effect. Almost exactly the same power is conferred upon Probate Courts. R.…

1Opinion of the Court

The opinion of the court was delivered by

Munson, J.

The county court is the tribunal appointed by statute to hear and determine libels for divorce. It is authorized to issue process of attachment and execution, and other proper-process, necessary for the dispatch and final determination of’ such causes. After a libel for divorce is filed, the court may order the payment of temporary alimony. Upon a dissolution, of marriage it may decree to the wife such part of the real and personal estate of the husband, or such sum of money to be paid; in lieu thereof by the husband, as it deems just. It is…

2Cases cited10 opinions

  1. Campbell v. CampbellWisconsin Supreme Court · 1875
  2. Lyon v. LyonSupreme Court of Connecticut · 1851
  3. Wightman v. WightmanIllinois Supreme Court · 1867
  4. Buckminster v. BuckminsterSupreme Court of Vermont · 1865
  5. Pain v. . PainSupreme Court of North Carolina · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Cunningham v. CunninghamTexas Supreme Court · 1931
  2. Ex Parte DavisTexas Supreme Court · 1908
  3. Leonard v. WillcoxSupreme Court of Vermont · 1928
  4. In re CaveWashington Supreme Court · 1901
  5. Poland v. PolandWashington Supreme Court · 1911

34 more not listed; retrieve them via the Exa API.

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