In the October trial term of the supreme judicial court, 1878, the plaintiff entered her petition for additional alimony, representing that on November 4,1871, it was decreed by said court that slie be divorced from her husband, James Spofford, and that the custody, care, and education of their minor child be given to her; that it was further ordered, that said James pay to said Ellen, as alimony, $285 in cash, and certain articles of property which said Ellen carried to the…
Cited by 3 later decisions — most recently March 1937
3 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, *229
unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.
