131 N.C. 143 | N.C. | 1902
Lead Opinion
This is an action brought in the Superior Court of Wake County, to enforce the collection of alimony due the plaintiff under a decree of a court of competent jurisdiction in the State of Illinois. The plaintiff’s right to re
We then held-that- the Illinois judgment sued on was a final judgment, and we so hold now. And as the Bankrupt Act provides for the proof of judgments against the bankrupt’s estate, we hold that this Illinois judgment was a provable claim, and a discharge in bankruptcy is a discharge against the same.
Error.
Concurrence Opinion
concurring. When this cause was here before (127 N. C., 190; 80 Am. St. Rep., 791), two members of the Court dissented, giving as one ground of dissent that the causa litis being a judgment for future alimony, was inter
But the plaintiff is in nowise hurt. Could we, on this second appeal, reverse our former decision and hold the Illinois judgment interlocutory, this action must be dismissed. Adhering, as we must, to that decision as the law of this case, the Illinois judgment is a final judgment, and the defendant is protected by the discharge in bankruptcy. So' quacunque via this long litigation is at an end.
Concurrence Opinion
concurring. I am constrained to concur in the opinion of the Court, as a. matter of law as well as justice, under the peculiar circumstances of this case. And yet I am not inadvertent to the cases of Lynde v. Lynde, 181 U. S., 183, and Audubon v. Shufeldt, Ibid., 575. In the former it was held (after the rendition of our former opinion in this case), on appeal fromi the Court of Appeals of New York, that the Courts of that State were'bound by a decree for ali
In Audubon v. Shufeldt, 181 U. S., 375, the Court held that “alimony, whether in arrear at the time of an adjudication in bankruptcy, or accruing afterwards, is not provable in bankruptcy, or barred by the discharge.”
As this is a Federal question, I would feel bound by this decision if it directly applied to the peculiar facts of the case at bar. the decision is evidently based upon the dominating idea that a decree for alimony-is not a final judgment or decree. the Court says, on page 577: “Generally speaking, alimony may be altered by the Court at any time, as the circumstances of the parties may require. The decree of a