173 Mass. 214 | Mass. | 1899
The property which the plaintiff seeks to recover is her separate property, and was obtained from her, as the court has found, by the fraud and coercion of her husband. She cannot maintain an action at law against him, (Pub. Sts. c. 147, § 7,) and unless this bill can be maintained she will be without a remedy. That of itself is not a sufficient reason for a decree in her favor, but we think that she is entitled to the relief which she seeks. The section referred to above does not forbid suits between husband and wife, but simply provides that it shall not be construed to authorize them. It would seem, therefore, that equitable remedies may be availed of as before between husband and wife in cases where they apply. See Butler v. Butler, 16 Q. B. D. 374. Indeed, it would be strange if in the matter of equitable remedies the rights of married women have been restricted when in other respects they have been so much enlarged. Suits between husband and wife in respect to her separate estate, or matters growing out of ante-nuptial or post-nuptial contracts in marriage settlements or property held in trust for the wife’s benefit form a well established head of equitable jurisdiction. Ayer v. Ayer, 16 Pick. 327. Scott v. Rand, 115 Mass. 104. Fowle v. Torrey, 135 Mass. 87. Butler v. Butler, ubi supra.
The decree orders the return of the money, and the defendant contends that, if he should be imprisoned for contempt for failing to comply with it, the effect would be to punish him for something for which he could not be punished in any other way and which would not be a crime. But the object of proceedings for contempt would be to compel obedience on the part of the defendant to the decree of the court, and not to punish him as for a crime or a violation of law. Any penalty that might be imposed would be coercive in its character, and not in any just sense a punishment. The proceedings would not therefore be open to the objection urged by the defendant. People v. Court of Oyer & Terminer, 101 N. Y. 245.
The result is that the decree must be affirmed.
So ordered.