Owens

Two appeals involving the same action have been combined in this court. The first is an appeal by the defendant husband from an order granting a writ of execution to enforce payment of certain medical and dental expenses incurred on behalf of a minor child in custody of the plaintiff wife. The second is defendant’s appeal from an order granting attorney’s fees and costs to plaintiff to resist defendant’s appeal from the order granting the writ of execution.

A final judgment of divorce of the parties was entered on January 15, 1953. The parties entered into a property settlement agreement prior to instituting the action providing among other things for payment by defendant of $55 per month child support to plaintiff for each of the two minor children and the following:

The substance of these provisions was set forth in the interlocutory decree of divorce. Neither the property settlement agreement nor the decree contained any provision for any payments for plaintiff’s support.

One of the two children was married at the time the motion for writ of execution was instituted. However, the other child, Ralph E. Owens, Jr., was at that time 20 years old, unmarried, and the claimed…