Perkins v. Perkins

Decided July 21, 1862

Michigan Supreme Court · decided 1862-07-21

On December 2d, 1859, a decree of divorce was made by said Circuit Court in Chancery, in favor of said Eliza A. Perkins, and the • sum of $1,000 ordered to be paid to her by said Sebra Perkins as alimony. The decree for alimony was soon afterwards sold by her to one Renwick.

Relies on Wheeler v. Wheeler · Sheafe v. Laighton · Enos v. Sutherland

Good law ✅— No negative treatment on recordhow we know

Decided 1862-07-21

How this case has been cited

Cited by 7 later decisions — most recently May 1943

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Martin Ch. J.:

¶1The order in this case is interlocutory, and from it no appeal lies. See Enos v. Sutherland, 9 Mich. 148; Ballard v. Green, Ibid. 222. The decree of alimony vests in the wife no absolute right to the allowance, as it may be changed from time to time, and reduced or enlarged in the discretion of the Court:— Comp. L. § 3249; Rogers v. Vines, 6 Ired. 293; Wheeler v. Wheeler, 18 Ill. 39; Sheafe v. Laighton, 36 N. H. 240; Miller v. Miller, 6 Johns. Ch. 91. Whether the decree would be changed or modified depends upon the action of-the Court upon the coming in of the Commissioner’s report; and until some final action upon the report, no appeal lies.

¶2The appeal must be dismissed, with costs.

The other Justices concurred.