JOHNSTON v. JOHNSTON

[No. 152, September Term, 1982.]

297 Md. 48 (1983)

465 A.2d 436

J. EDWARD JOHNSTON, JR. v. HELEN T. JOHNSTON

Court of Appeals of Maryland.

Decided September 13, 1983.


Attorney(s) appearing for the Case

Richard T. Cremin for appellant.

Thomas Waxter, Jr., with whom were John H. Mudd, H. Thomas Howell, Charles C. Shelton, Rignal W. Baldwin, Jr., and Semmes, Bowen & Semmes on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


COUCH, J., delivered the opinion of the Court.

Although the parties have raised four issues in this case, the issue, as we see it, is whether a separation agreement approved and incorporated but not merged in a divorce decree may be collaterally attacked. For reasons to be discussed herein, we hold that it may not be where, as here, its validity is conclusively established by the decree which operates as res judicata.

The parties hereto were married...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases