Johnson v. Johnson

On March 14, 1928, respondent was granted an interlocutory decree of divorce from appellant, which provided in part as follows:

On July 13, 1928, respondent served and filed a notice of motion for a modification of the decree in so far as it provided for the payment of alimony to appellant. The motion was heard on July 20, 1928, and on August 15, 1928, the court made its order reducing the monthly payments from $100 per month to $40 per month. The appeal is taken from this order.

The record before us consists of the interlocutory decree of divorce, the notice of motion and the two affidavits used at the hearing, the order modifying the decree and a very brief' bill of exceptions. ■

Appellant relies upon three grounds for a reversal of the order, namely: First, that respondent was in contempt of court at the time of the hearing and that, therefore, the trial court should not have considered his application for a reduction of the alimony; second, that the application was prematurely made, and third, that the portion of the decree awarding appellant alimony in the sum of $100 per month was entered by consent and was based upon contract and, therefore, could not be modified.

Under…