Aarons

This is an appeal by plaintiff Zelwyn Aarons from a judgment for defendant Rose Brasch, formerly Rose Aarons, entered upon the granting of her motion for judgment on the pleadings.

The complaint alleged the existence of three prior judgments or decrees, all of which were incorporated by reference into the complaint, and all of which were in favor of defendant and against plaintiff. The first of these judgments was an interlocutory decree of divorce entered on March 7, 1947; the second, a final decree of divorce entered on April 12, 1948, and the third, a judgment entered on March 9, 1962, whereby plaintiff was ordered to pay defendant a designated sum of money which had been awarded her by the 1947 and 1948 decrees, and which was still unpaid and owing. The complaint further alleged that on February 19, 1962, plaintiff had filed a petition in bankruptcy in the federal district court, but that defendant nevertheless threatened to execute upon and attempt to enforce the 1962 judgment. Plaintiff alleged the existence of an actual controversy between the parties in that it was his contention that the 1962 judgment, which was based upon the 1947 and 1948 decrees, was a money judgment…