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Weidman v. Weidman

174 N.E. 206 (1931)

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Weidman v. Weidman

Massachusetts Supreme Judicial Court
174 N.E. 206 (1931)

Facts

Abraham Weidman (defendant) and Bertha Weidman (plaintiff) were married in Europe. Abraham allegedly deserted Bertha and moved to New York, where he sought a court order annulling the marriage. Upon the request of Bertha, who lived in Massachusetts, the New York court ordered Abraham to pay alimony pendente lite and attorney’s fees to Bertha. The New York court subsequently entered judgment in Bertha’s favor in a sum certain for alimony and attorney’s fees. Alleging that Abraham failed to pay that judgment, Bertha sued Abraham in Massachusetts state court, seeking payment. Abraham moved to dismiss Betha’s case. Per Abraham, he and Bertha were still married because the New York court never issued a divorce decree or annulled their marriage and because Massachusetts law generally barred a wife from suing her husband except in circumstances that were not present in this case. The Massachusetts lower court ruled for Abraham. Bertha appealed.

Rule of Law

Issue

Holding and Reasoning (Rugg, C.J.)

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