Howarth v. Howarth

FOURT, J.

This is an appeal by the defendant from a judgment in favor of the plaintiff in the sum of $4,725.

The plaintiff brought this action to recover accrued installments due under a property settlement agreement, executed by the parties hereto, which has been the subject of two previous actions. The first of such actions was brought in January, 1945, and was to collect $2,640, allegedly due under the property settlement agreement. Judgment was rendered in favor of the plaintiff and affirmed upon appeal in this court.

(Howarth

v.

Howarth,

81 Cal.App.2d 266 [183 P.2d

[695]

670].) A petition for a hearing by the Supreme Court was denied and the United States Supreme Court denied a petition for a writ of certiorari.

The second of such actions was started about May 1, 1946, and was to collect $6,615, due under the property settlement agreement. Judgment was rendered in favor of the plaintiff and affirmed upon appeal in this court.

(Howarth

v.

Howarth,

115 Cal.App.2d 769 [252 P.2d 743].) A petition for a hearing by the Supreme Court was denied and thereafter, the United States Supreme Court denied a petition for a writ of certiorari.

Appellant now, for all intents and purposes, makes the identical contentions as were made in the second appeal and substantially the same contentions which he made in the first appeal. Bach and every contention heretofore raised by the appellant has been decided against him. No useful purpose would be served in setting forth a résumé of the two previous decisions, and to do so would but consume useful space and unduly enlarge this opinion.

In

Howarth

v.