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Uno Helgesson v. Jeanne Helgesson

Uno HELGESSON, Defendant, Appellant, v. Jeanne HELGESSON, Plaintiff, Appellee

Uno Helgesson v. Helgesson, 295 F.2d 37 (1st Cir. 1961)
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Court
Court of Appeals for the First Circuit · U.S. Courts of Appeals
Decided
October 13, 1961
Docket
No. 5861_1
Judges
Woodbury, Hartigan, Aldrich
Citations
295 F.2d 37

Opinion — Per Curiam

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

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1967: 21970: 11974: 11980: 11981: 41982: 11992: 119672026peak 1981 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Comm'r v. Lester, 366 U.S. 299 (1961) 275
Helgesson v. Helgesson, 196 F. Supp. 42 (D. Mass. 1961) 14

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