Viera v. Viera

DRAPEAU, J.

The record discloses that on May 11, 1950, the parties hereto entered into a property settlement agreement which provided among other things that (a) defendant husband “shall pay all bills contracted for household expenses prior to the separation of the parties on the 13th day of April, 1950; and shall also pay to the wife’s attorney the sum of $140.00 to cover attorney’s fees and costs in the pending divorce action No. D-396963, in accordance with the order heretofore made by the Superior Court of Los Angeles County in said cause on the 21st day of April, 1950”; (b) that “each of the parties hereto shall, respectively, pay and discharge all bills and indebtedness of every character which they or either of them may have contracted subsequent to the 13th day of April, 1950”; and (c) that “the wife shall never make or assert against the husband any claims or demands for support or maintenance, alimony,

counsel fees or court costs, except as herein otherwise expressly provided,

and the husband herein shall never at any time make or assert, as against the wife herein, any claims or demands for support or maintenance, it being expressly understood between the parties hereto that each is releasing the other from any and all such claims for support or maintenance.” (Italics added.)

On July 7, 1950, plaintiff was granted a default divorce from defendant, and on July 20, 1950, defendant husband appealed from a portion of the interlocutory judgment of divorce. See

Viera

v.

Viera,

Civil No. 18196,

ante,

p. 179 [236 P.2d 630], this day decided.

On September 22, 1950, defendant husband was ordered to pay to plaintiff wife counsel fees and costs on appeal, pursuant to motion of plaintiff theretofore made for that purpose.

Defendant here appeals from 'that order on the ground that it is in direct violation of the terms of the property settlement agreement hereinbefore referred to.

It is true, as stated in

McCahan

v.

McCahan,