The Providence news. (Providence [R.I.]) 1891-1906, 1904-03-04
ACTION
AT Law
SUSTAINED

An action at law may be maintained In
this state 70 secure a Judgment for an
amount due on decree for ahmony In
another state. and the plaintiff IS not
obliged 20 resort TO equity, the appellate
division OF the supreme court decides. In
tho case OF Elizabeth NJ Wagner va.
George NJ. Wagner.
Plaintiff was awarded alimony by tho
superior court OF Massachusetts, and
brought suit TO recover the same In the
common pleas division OF the supreme
court In this county and the defendant
pleaded that an action at law could not
be main tained. but rescrt nust be had To
equity.
The plalntifr demurred and the de-
murrer has been sustained. Chief Jus
tice Stiness wrote the opinion or the
court He takes up first the question IL
an action OF law Will lie on decree In
equity from another state and after citing
authorities says:
",rhe rule IS now well established that
an action OF debt will lie in court or
law on the decree OF domestic court or
chancery. In all cases where such decree
directs the payment OF fixed and abso-
lutte debt in money"
A second question is discussed namely.
whether an action will lie where the
sum adjudged Is not a single, stated
amount but an accruing allowance" On
this question the chief justice In the
course OF the opinion says: Upon this
there have been more adverse decisions
than on the preceding question, but the
te. dency OF courts and the better reason
Is I'm favor OF enforcing such DEGREES.
where the only question involved Is the
| payment OF the money. An obvious ad-
vai.:age In this course Is that IL tends to
unity the remedial agencies OF the coun-
| try. by making them enforceable I'm MI
| It's parts. IL would be a reproash to oui
| system OF legal administration IL one
| could escape from the operation OF a ID
| dicial decree by going into another state
/ This is one country and so far as possi'
! BILE II should have one law. Whatever
tends to make the operation of law and
legal remedies equally effective I'm al
parts OF the land is carrying out the idea
OF common country. A party against
whom a Judgment stands should not be
shielded by the fact that he is not in the
state where 1t was rendered"
Cases are cited to maintain the. opinion
! that the decree should be enforced IL is
maintained that the point that the court
| ordering the decree may change IL and
| therefore IL is not final and conclusive
| Judgment is held entitled TO little or any
eight as 20 any amount already due af
] ne time or suit. An accrued amount.
says the chief Justice, would not be
changed II the debtor was able TO pay
and as the husband in the case before the
court has died the possibility OF change
was passed.
While in Massachusetts, the proper
| action might be contempt OF court, such
a process could not be appropriately ap-
| piled by some other court. whose decree
| has not been violated. and the law
remedy is allowed, declares he chief JUS
| tice. Attention is called TO Public Laws
cap; e7l, sec. 8. where an allowance Is
| declared to be so far a judgment for debt
| that suits may be brought or executors
| may issue thereon for amounts from time
] to time that are due and unpaid.