Cameron v. Cameron
| Decision Date | 01 November 1940 |
| Parties | CAMERON v. CAMERON. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Petition by Alice P. Cameron for the modification of a decree of divorce granted in a libel by Alice P. Cameron against William J. Cameron. The petition was brought after the death of William J. Cameron, and his administrator de bonis non was summoned to answer. From an interlocutory decree and final decree dismissing the petition, petitioner appeals.
Decrees affirmed.
Appeal from Superior Court, Bristol County.
William B. Perry, Jr., of New Bedford, for libelant.
Noah M. Gediman, of Falmouth, pro se.
This petition was brought in the Superior Court for the modification of a decree of divorce by providing therein for an award of alimony to the petitioner, the libellant in the divorce action. It was brought after the death of the libellee, whose administrator de bonis non was summoned to answer. Proceedings resulting in an interlocutory decree and in a final decree dismissing the petition need not be recited. From each of these decrees the petitioner appealed. There was no error. The petition cannot be maintained since there is no nonstatutory right to alimony, and the statutes relating thereto ‘contemplate proceedings * * * between living parties and the making of orders to operate prospectively in accordance with the existing financial condition of the parties * * * [and] do not justify orders or judgments made after the death of a necessary party, operating retroactively.’ Gediman v. Cameron, Mass., 27 N.E.2d 696, 697.
To continue reading
Request your trial
-
Clark v. Barba
...and entered in a form of proceeding not authorized in the statutes themselves." 306 Mass. at 141, 27 N.E.2d 696. In Cameron v. Cameron, 307 Mass. 609, 29 N.E.2d 843 (1940), the same woman as in Gediman appealed from a dismissal of her petition seeking a modification of the divorce decree fo......
-
Barron v. Puzo
...the party obligated to pay it unless the decree or judgment provides otherwise or arrearages are due and unpaid. See Cameron v. Cameron, 307 Mass. 609, 29 N.E.2d 843 (1940); Stone v. Duffy, 219 Mass. 178, 182, 106 N.E. 595 (1914); Barron v. Barron, 28 Mass.App.Ct. 755, 760, 556 N.E.2d 111 (......