Public-domain · open source
OpenJurist

190 Minn. 547

252 N.W 449

Ostrander v. Ostrander

Supreme Court of Minnesota

Decided January 26, 1934

Supreme Court of Minnesota · decided 1934-01-26

Key passage — most relied on by later courts

“‘ ‘ Such a suit in a court of this state is not a suit for divorce or separation, and the judgment here is for the recovery of an indebtedness established by the foreign judgment.””

quoted by 1 later decision, including Shibley v. Shibley

Good law ✅— No negative treatment on recordhow we know

Decided 1934-01-26

How this case has been cited

Cited by 30 later decisions — most recently January 2014 · most notably Worthley v. Worthley (1955), German v. German (1936)

1 federal appellate · 1 district · 28 state decisions — followed in 16 states

90193419401950196019701980199020002010decided

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.

View the full empirical analysis of this case →

OLSEN, Justice

¶1 (dissenting).

¶2 The South Dakota court having entered a judgment for recovery of a definite amount of moneys as alimony in the divorce suit, I agree that in a suit on that judgment in a court of this state a money judgment for the unpaid amount of alimony may be recovered. But such a suit in a court of this state is not a suit for divorce or separation, and the judgment here is for the recovery of an indebtedness established by the foreign judgment. I agree Avith the holdings of the Michigan and Massachusetts courts that such a judgment cannot be enforced here by proceedings for contempt or attachment against the person of defendant. Our statute, 2 Mason Minn. St. 1927, § 8604, as I view it, authorizes enforcement of a judgment for alimony by contempt proceedings only in a suit for a divorce or separation brought in a district court of this state.

/190/minn/547 · .json · Public domain