Opinion · Michigan Supreme Court
Shanahan v. Klyn
268 Mich. 120
- Type
- Opinion
- Court
- Michigan Supreme Court
- Jurisdiction
- Michigan
- Date
- 1934-07-02
- Topic
- general
Fead, J. Alimony is a matter of decree of court, not of contract. Eddy v. Eddy, 264 Mich. 328. A stipulation of parties does not modify a decree.
Citator
UpLaw has not yet analyzed Shanahan v. Klyn. The absence of a flag is not a finding that it is good law.
- Cited by
- 1 opinion
Alimony is a matter of decree of court, not of contract. Eddy v. Eddy, 264 Mich. 328. A stipulation of parties does not modify a decree. The stipulation at bar was not incorporated into a modified decree by the court and, therefore, amounted to no more than an agreement, or a receipt or forgiveness of the alimony due in excess of $400. The $400 was owing, not as a debt by private agreement but by force of the decree, and remained enforceable under it by contempt proceedings.
Judgment affirmed, with costs.
*121 North, Butzel, Bushnell, and Edward M. Sharpe, JJ., concurred with Fead, J.