Roberts v. Roberts

This is an appeal from order denying appellant’s motion for a writ of execution. The purpose of the writ was to recover certain periodic payments due under a 1956 divorce decree incorporating the provisions of a property settlement agreement between appellant and respondent. The court denied the writ on the ground that respondent’s obligation to make the periodic payments had been discharged when he was declared bankrupt in 1964. The court’s order reveals that the court regarded the obligation as dischargeable because it had been held non-modifiable when respondent made á motion to modify the…