Harris v. Harris

EDMONDS, J.,

pro tem.

The plaintiff in this action was formerly the wife of the defendant. Some years ago she sued him for divorce. This action is brought to recover the amount claimed to have accrued under the interlocutory and final decrees of divorce in her favor, awarding her the sum of $25 per week for the support of herself and a minor child.

In the first cause of action of the complaint it is alleged that by the interlocutory decree of divorce entered in 1928, the Superior Court of Los Angeles County ordered the defendant here to pay to plaintiff for the support of herself and their minor child the sum of $25 per week until the further order of the court. In the following year, it is alleged, the court made its final decree of divorce ordering that any provision for support contained in the interlocutory decree should continue to bind the parties affected. It is further alleged that the final decree of divorce was never modified prior to October 18, 1932; that the weekly payments were made to August 13, 1930; and that the payments accruing between these two dates remain due and unpaid.

By a second cause of action plaintiff repleads all of the allegations of the first cause of action, and also that the minor child of the parties died in April, 1930. She further alleges that in June, 1931, she commenced an action in the Municipal Court of the City of Los Angeles for the amount accrued upon the decree since a date subsequent to the death of the child, and that this action was determined adversely to her. The pleadings in the municipal court action and the findings and judgment thereon are included in the complaint in the instant action. It is also alleged that she appealed from that judgment to the superior court which made findings of fact, conclusions of law and judgment against her in lieu of those

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made by the municipal court under the provisions of section 988i of the Code of Civil Procedure. The .complaint also shows that after her petition for a rehearing of this decision was denied she petitioned the District Court of Appeal and the Supreme Court for a writ of

certiorari

to review the action of the superior court, each of which courts denied her petition.