Rupp

From an order denying plaintiff’s motion for the issuance of a writ of execution on a judgment for child support, plaintiff appeals.

Chronology

1. August 6, 1937, plaintiff obtained an interlocutory judgment of divorce against defendant by which judgment she was awarded the custody of the minor son of the parties, then age 2, and defendant was ordered to pay plaintiff the sum of $4 per week for the support of said child until the further order of the court.

2. June 18, 1938, defendant was served with an order to show cause in re contempt for failure to comply with the provisions of the interlocutory decree for support.

3. July 1, 1938, the date set for the hearing of the contempt order, defendant failed to appear. A bench warrant was issued for him and the order to show cause continued to July 18, 1938.

4. January 31, 1939, defendant was again served with an order to show cause in re contempt for failure to comply with the support order and a hearing set thereon for February 28, 1939.

5. February 28, 1939, the trial judge found defendant to be delinquent in the sum of $147 as of January, 1939, and it was ordered that an execution might issue against him. The order to show…