Bryant

Bryant v. Bryant

Good Law
161 Cal. App. 2d 579·1958 Cal. App. LEXIS 1774·326 P.2d 898
Court of Appeal of CaliforniaJune 23, 1958Civ. 5829California1,442 words

Opinion

Opinion

Griffin, J.

On July 15, 1941, an interlocutory decree of divorce was entered in favor of defendant, cross-complainant and' appellant, ordering plaintiff, cross-defendant and respondent to pay her $60 per month for the support of four minor children of the parties. No apportionment or allocation of the support money to the respective children was indicated in the order, and no payments were made after the year 1941. On November 14, 1956, defendant filed her affidavit alleging these facts, and claims that from October 15, 1948, to November 13, 1956, she received no payments from plaintiff and there is due from him, within the dates of October 15, 1948, to December 15, 1955, the sum of $5,160. On November 23, 1956, by minute order, the judge ordered that execution issue in said amount, based upon said affidavit. Subsequent executions were issued thereon to different counties and levy was made upon plaintiff’s property. The record discloses that on December 5, 1956, an order to show cause was issued by said court ordering plaintiff to appear on December 12th to show cause why execution should not issue in said amount. The court’s minutes show "Motion Granted.’’ Thereafter, on March 1,1957, a…

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