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13 Mass. 264

Davol v. Davol

Massachusetts Supreme Judicial Court · decided 1816-07-15

<p>By the statute of 1786, c. 69, no provision was made, in case of a divorce a vinculo, for alimony to the wife; and a decree for alimony bottomed upon that statute may be avoided by plea, the proceedings for divorce, &i not being according to the course of the common law. f</p> <p>t See Howard vs. Howard 15 Mass. Rep. 196</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1816-07-15

How this case has been cited

Cited by 9 later decisions — most recently November 2009

9 state decisions

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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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Parker, C. J.

¶1It appears very clearly, that, when this decree was passed, there was no statute in force, authorizing the allowance of alimony in cases of divorce. The only question, therefore, is, whether it is void, or voidable only by writ of error. * Generally, judgments which are erroneous stand in force and may be executed, or may be enforced by action of debt, until reversed ; and they cannot be avoided on account of error, collaterally or by plea.

¶2But this doctrine is applicable only to judgments of courts which proceed according to the course of the common law ; for on such only will writs of error lie. With respect to judgments of other courts, they may be avoided for error by plea, as is shown in the case of Smith vs. Rice. (2)

¶3A writ of error could not be sustained to reverse this decree ; because the Court, in passing it, did not exercise their ordinary common law jurisdiction, but proceeded according to the principles of ecclesiastical tribunals, having special authority committed to them for that purpose.

¶4The declaration showing no sufficient cause of action, judgment must be for the defendant.

¶5 Defendant’s plea gcod.

¶6 11 Mass. Rep. 514.

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