Moore

Petitioner seeks a writ of prohibition to restrain the respondent court from further proceedings in a certain divorce action entitled, Frances H. Moore v. Harry L. Moore, being action numbered 28817, in the files of the respondent court.

In 1922, Frances II. Moore commenced said divorce action against petitioner herein. In the complaint it was alleged that the parties had entered into an agreement settling their property rights by which petitioner agreed to pay to plaintiff the sum of $175 per month for a specified period and thereafter the sum of $50 per month during plaintiff’s lifetime or until she remarried. The prayer of the complaint asked, among other things, that the petitioner be required to pay the specific sums agreed upon by the parties. Petitioner filed his answer in said action denying generally the allegations of extreme cruelty but admitting, by failure to deny the same, the above-mentioned allegations relating to the agreement of the parties. On December 15, 1922, the day upon which the answer was filed, a hearing was had pursuant to stipulation. No appearance on behalf of petitioner was made at said hearing. At the conclusion thereof a minute order was made,…