Lemert v. Lemert
Lemert v. Lemert
Opinion of the Court
1. Was the decree for alimony discharged by the final discharge of the plaintiff in the bankruptcy proceedings, the claim not having been proven therein nor any' dividend paid thereon? The circuit court held that it was not discharged because the decree for alimony was not a provable claim in the bankruptcy proceeding. We think this conclusion was sound both upon reason and upon authority. Audubon v. Schufeldt, 181 U. S., 575; Dunbar v. Dunbar, 190 U. S., 340; Wetmore v. Markoe, 25 S. C. R., 172.
2. Did the decree for alimony become dormant because no execution had been sued out thereon within five years ? The circuit court answered this question in the negative. In this conclusion, also, we think the
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.