Shaw v. Shaw

• Decision Date: 16 April 1861
• Citation: 9 Mich. 164
• Court: Michigan Supreme Court
• Parties: Sarah W. Shaw v. Humphrey Shaw

9 Mich. 164

Sarah W. Shaw v. Humphrey Shaw

Supreme Court of Michigan

April 16, 1861

Heard April 16, 1861

Appeal from Macomb circuit, in chancery.

The bill was for a divorce from the bonds of matrimony. The decree granted the divorce, and also provided that defendant pay to complainant a certain amount for permanent alimony, and the costs, "and also what sum or sums of money may be just and reasonable, in addition to the sum that has been paid for the support of the said complainant during the pendency of this suit, and the necessary expenses over and above the taxable costs in prosecuting the same;" and directed a reference to a circuit court commissioner "to inquire what would be a reasonable sum to be allowed to the said complainant during the pendency of this suit, and also what would be a reasonable sum to be allowed to said complainant, over and above the taxable costs, to enable her to prosecute and defray the necessary costs and expenses thereof," and to report thereon.

Motion to dismiss the appeal denied.

G. Hubbard, for appellee, moved to dismiss the appeal, on the ground that this was not a final decree, from which an appeal would lie, within the decisions in Caswell v. Comstock, 6 Mich. 291, and cases cited in note.

H. D. Terry, contra.

OPINION

The court denied the motion, holding that, as the issue raised by the pleadings was finally disposed of by the decree, the right of appeal was not affected by the reference on the collateral question of alimony.