Martin

In this case we inquire into the res judicata effect to be accorded by a California court to an order made by a federal referee in bankruptcy. The precise question presented us by this appeal is whether the court below erred in cancelling pursuant to Code of Civil Procedure section 675b a portion of an interlocutory judgment of divorce entered in the above-entitled action and in discharging all sums and obligations due from defendant thereunder.

Pláintiff Maxine D. Martin (Maxine) was awarded such interlocutory judgment against defendant Robert J. Martin (Robert) by default in 1963. The interlocutory judgment expressly approved a property settlement agreement entered into by the parties on January 1, 1963, and further provided that “Pursuant Thereto It Is Further Ordered that defendant shall pay to plaintiff as consideration for and part of the division of community property the sum of $500.00 per month during the remainder of the natural life of defendant payable $250.00 on the 5th and $250.00 on the 20th of said calendar month beginning January 3, 1963.” Robert complied with the order for monthly payments until shortly after entry of the final judgment of divorce on…