Saunders

Saunders v. Simms

Good Law
183 Cal. 167·1920 Cal. LEXIS 388·190 P. 806
Supreme Court of CaliforniaJune 14, 1920L. A. No. 5439.California1,173 words

Opinion

Lead Opinion

Sloane, J.

The respondent on this appeal obtained a judgment in her action for divorce against her husband, Albert S. Collins, awarding her the custody of their minor child, Lida Collins, and requiring the defendant to pay to plaintiff, respondent here, the sum of $15 per month for the support of the minor.

No payments were made under this judgment. Respondent furnished from her own resources the child’s maintenance until she became of age. The accrued amounts due, owing, and unpaid at that time under the judgment aggregated the sum of one thousand two hundred dollars besides interest.

The judgment debtor, Albert S. Collins, died in the county of Orange on the 4th of August, 1916, some sixteen years after the entry of the judgment and about ten years after the last installment on the payments fell due.

On the 17th of May, 1917, the respondent here applied to the superior court, of San Bernardino County, where the original action was had, for leave to enforce the judgment under the provisions of section 685 of the Code of Civil Procedure.

This, section, in so far as pertinent to this case, is as follows:

The court in this instance made an order that the judgment “may be enforced and…

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