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Keywords

jurisdictionequitydivorcealimony

Related Cases

Barber v. Barber, 62 U.S. 582, 21 How. 582, 1858 WL 9327, 16 L.Ed. 226

Facts

Hiram Barber and Huldah Adeline Barber were married in New York in 1840. After Huldah filed for divorce due to Hiram's cruel treatment, the New York court granted a divorce a mensa et thoro and ordered Hiram to pay alimony. Hiram subsequently moved to Wisconsin without paying any alimony, prompting Huldah, through her next friend, to sue him in the U.S. District Court for Wisconsin to enforce the alimony decree.

Issue

Whether a wife divorced a mensa et thoro can acquire a domicil in a different state from her husband, allowing her to sue him in a federal court for alimony.

Rule

A court of equity can enforce a decree for alimony issued by a state court, and a wife can maintain a separate domicil from her husband after a judicial separation.

Analysis

The court analyzed the jurisdictional issues surrounding the enforcement of the alimony decree, emphasizing that the wife retained her domicil in New York despite her husband's move to Wisconsin. The court concluded that the federal court had jurisdiction because the parties were citizens of different states and that the alimony decree was a binding judgment that could be enforced in any state.

The court analyzed the jurisdictional issues surrounding the enforcement of the alimony decree, emphasizing that the wife retained her domicil in New York despite her husband's move to Wisconsin.

Conclusion

The court affirmed the lower court's decision, allowing Huldah to recover the alimony due from Hiram, reinforcing the principle that state court decrees for alimony are enforceable in federal courts.

The court affirmed the lower court's decision, allowing Huldah to recover the alimony due from Hiram.

Who won?

Huldah Adeline Barber prevailed in the case because the court recognized her right to enforce the alimony decree against Hiram Barber, despite his attempts to evade payment by moving to another state.

Huldah Adeline Barber prevailed in the case because the court recognized her right to enforce the alimony decree against Hiram Barber.

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