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Sistare Vs. Sistare
Cites for this judgment
- US Supreme Court
- May 31, 1910
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U.S. 1 (1910) U.S. Supreme Court Sistare v. SistareSearch
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U.S. 1 (1910) Sistare v. SistareSearch
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possible, be so construed as to harmonize with, and not overrule such prior decision, and so held that Barber v. BarberSearch
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a judgment for alimony as to past installments was within the full faith and credit clause was not overruled by Lynde v. LyndeSearch
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falls under the general rule that it is entitled to full faith and credit in the courts of another state. Barber v. BarberSearch
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of the full faith and credit clause of the Constitution was expressly rested upon the decision of this Court in Lynde v. LyndeSearch
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contentions of the parties are based upon their divergent conceptions of two prior decisions of this Court ( Barber v. BarberSearch
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How. 582, and Lynde v. LyndeSearch
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an analysis of those cases will therefore suffice. For the plaintiff in error, it is insisted that the case of Barber v. BarberSearch
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faith and credit clause, while the defendant in error urges that the contrary is established by the ruling in Lynde v. LyndeSearch
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the meaning attributed to it by the plaintiff in error, that case must be considered as having been overruled by Lynde v. LyndeSearch
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Substantially the controversy in Barber v. BarberSearch
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of alimony fell due, and that a power to modify, if exerted, could only operate prospectively. The facts in Lynde v. LyndeSearch
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commanded by the full faith and credit clause. No reference Page 218 U. S. 15 was made to the case of Barber v. BarberSearch
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we think there is no inevitable and necessary conflict between them, and, in any event, if there be, that Lynde v. LyndeSearch
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in the Lynde case. In the second place, in view of the elaborate and careful nature of the opinion in Barber v. BarberSearch
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of the long period of time which had intervened between that decision and the decision in Lynde v. LyndeSearch
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which the case dealt, it is not to be conceived that it was intended by the brief statement in the opinion in Lynde v. LyndeSearch
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all times within the control of the court issuing them, and subject at any time to modification or annulment. Tonjes v. TonjesSearch
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is one which extends to overdue and unsatisfied payments as well as to those which may accrue in the future. Sibley v. SibleySearch
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Goodsell v. GoodsellSearch
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Kiralfy v. KiralfySearch
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Wetmore v. WetmoreSearch
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as a debt in favor of the wife against the husband, in the sense of indebtedness as generally understood.' Tonjes v. TonjesSearch
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which simply directs the payment of a sum of money,' and not such an one as can have enforcement by execution. Weber v. WeberSearch
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and 1773 for the enforcement of the orders are exclusive. Weber v. WeberSearch
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Branth v. BranthSearch
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Civ.Pro. 33. No judgment in another court can be entered upon them. Branth v. BranthSearch
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modify or amend a judgment awarding divorce and alimony must be found in the statute or it does not exist. Erkenbrach v. ErkenbrachSearch
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Livingston v. LivingstonSearch
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to resort to executions as upon a judgment at law to enforce the collection of unpaid installments of alimony. Wetmore v. WetmoreSearch
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or of a judicial separation, except in respect to the custody, etc., of the children of the marriage. Erkenbrach v. ErkenbrachSearch
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at the time of rendition, created vested rights not subject to either judicial or legislative control ( Livingston v. LivingstonSearch
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appellate division of the supreme court of the State of New York, announced in a decision rendered in 1903. Goodsell v. GoodsellSearch
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have even a tendency to that effect. The cases cited and relied on are Sibley v. SibleySearch
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Misc. 407, and Wetmore v. WetmoreSearch
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under agreement with his wife. The motion was granted, but it was clearly given a prospective operation only. Wetmore v. WetmoreSearch
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had only a prospective operation. Contenting ourselves in conclusion with saying that, as pointed out in Lynde v. LyndeSearch
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U.S. Supreme Court Sistare v. SistareSearch
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and Lynde v. LyndeSearch
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of Barber v. BarberSearch
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Tonjes v. TonjesSearch
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Sibley v. SibleySearch
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Weber v. WeberSearch
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Erkenbrach v. ErkenbrachSearch
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and Wetmore v. WetmoreSearch
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Barber v. BarberSearch
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