U.S. Court of Appeals for the First Circuit, 1961

Uno Helgesson v. Jeanne Helgesson

Uno Helgesson v. Jeanne Helgesson
U.S. Court of Appeals for the First Circuit · Decided October 13, 1961 · Woodbury, Hartigan, Aldrich
295 F.2d 37 (Federal Reporter, Second Series)

Uno Helgesson v. Jeanne Helgesson

Opinion

PER CURIAM.

In this diversity action on a foreign judgment for alimony the opinion of the district court, 1961, 196 F.Supp. 42, granting plaintiff’s motion for summary judgment adequately disposed of the defenses advanced before that court. An additional defense is sought to be asserted here. The record shows that the defendant was aware of the existence of this defense, if in fact it is one, prior to the hearing on the motion. It is too late now, both because it is an affirmative defense and was not pleaded, and because it was not raised at the hearing by affidavit. The purpose of summary judgment procedure is prompt disposition, not second guessing on appeal.

Defendant also questions here the existence of the jurisdictional amount. It is, of course, never too late to do this. However, defendant fails to distinguish between alimony and support of minor children. These are two different matters. Cf. Commissioner v. Lester, 1961, 366 U.S. 299, 81 S.Ct. 1343, 6 L.Ed. 2d 306. Current payments as to one cannot be used to discharge or offset the other. Under the terms of the judgment more than $10,000 in alimony was due and unpaid.

Affirmed.

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