41 Vt. 180 | Vt. | 1868
The opinion of the court was delivered by
This action is debt on an order and decree of the supreme court for temporary alimony. We are of opinion that the action can not be sustained. The statute (Gen. Sts.,p. 468, § 1) under which the decree was made, provides that, “After the filing of a libel for divorce, the court in which the same shall be pending may, on application of either party, make such order and decree in regard to temporary alimony and funds to maintain the litigation during the pendency of such libel, as to the court shall seem just.” The docket entry of the decree, which, it is conceded, is the only decree made by the court, or record of it, is as follows : “ Petition for alimony. Temporary alimony decreed to the petitioner to the amount of $100 ; $25 to be paid in 20 days, $25 in three months, and $25 each three months thereafter till all is paid.” The decree, on which this action is founded, was, during the pendency of the libel, entirely and exclusively within the jurisdiction and discretion of the supreme court, to rescind or modify the decree or enforce the collection of it. A decree of this nature creates no debt due absolutely, but it is contingent so long as the libel is pending, or until process for its collection has been ordered by the court that made the decree. .And when the libel is finally disposed of, before payment of temporary alimony and before process is ordered and issued for its collection, the decree for such alimony is wholly inoperative. Payment of such decree may be enforced by attachment or execution by order of the supreme court, if not paid when due, or it may be enforced by proceedings for contempt or disobedience of the decree. Section 41 of chapter 70 of the General Statutes provides that “The
The judgment of the county court is reversed, and judgment for the defendant to recover his costs.