Southworth v. Southworth

• Decision Date: 22 May 1897
• Citation: Southworth v. Southworth, 168 Mass. 511, 47 N.E. 93 (Mass. 1897)
• Parties: SOUTHWORTH v. SOUTHWORTH.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

168 Mass. 511

47 N.E. 93

SOUTHWORTH

v.SOUTHWORTH.^*

Supreme Judicial Court of Massachusetts, Suffolk.

May 22, 1897.

Appeal from superior court, Suffolk county.

Petition by Southworth against Southworth to alter a decree for alimony.From a decree for petitioner, respondent appeals.Affirmed.Robert H. Roy, for appellant.

W.S.B. Hopkins, F.B. Smith, and T.H. Gage, Jr., for appellee.

BARKER, J.

The court was right in declining to rule as requested by the respondent, and in the ruling given at the request of the petitioner.The stipulation for alimony to be decreed in the suit for divorce added nothing to the force of the decree, and did not affect the power of the court to change the rights of the parties by further orders or decrees respecting alimony.Pub.St. c. 146, § 39.Upon the petition the court had power to revise and modify the decree, as it deemed reasonable upon all the circumstances of the case.Graves v. Graves, 108 Mass. 314, 321;Foster v. Foster, 130 Mass. 189, 191.Whether the respondent's remarriage had in fact so changed her financial condition that she did not need the provision made for her by the original decree was a matter upon which either party could offer evidence.It was not alleged as a ground of the petition that her financial situation had been so changed, and the answer alleged that it was not materially different.The omission of the petitioner to introduce evidence to disprove an allegation made by the answer did not deprive him of the right to ask for a revision of the former decree upon such facts as appeared at the hearing.The remarriage was admitted, and,...