Vine v. Vine

Decided February 10, 1899

Supreme Court of Rhode Island · decided 1899-02-10

Assumpsit for allowance made to plaintiff for her support during the pendency of a petition for divorce. Certified from the Common Pleas Division, and heard on demurrer to declaration.

Good law ✅— No negative treatment on recordhow we know

Decided 1899-02-10

How this case has been cited

Cited by 3 later decisions — most recently March 1980

3 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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Per Curiam.

¶1 ^ By Gen. Laws R. I. cap. 222, § 4, cap. 195, § 14, exclusive jurisdiction in divorce and incidental matters arising therein is vested in the Appellate Division of this court. We are of the opinion, therefore, that no action can be .maintained in any other court to recover an allowance made to a wife for her support during the pendency of the petition for divorce, but that recourse must be had to the remedies prescribed by the rule of this Division.

*191 Dennis J. Holland, for plaintiff. Franklin P. Oiuen and John P. Beagan, for defendant.

¶2 Moreover, a decree for an allowance penclente lite is an interlocutory decree, subject to revocation or modification at any time by tbe court which made it, and consequently cannot be the foundation of an action as upon a final judgment. i Wait’s Actions and Defences, 187, § 5.