State Ex Rel. Brindjonc v. District Court

In 1927 Mabel Brindjonc secured from the district court of Silver Bow county a decree awarding her $150 per month as separate maintenance, to be paid by relator, Eugene F. Brindjonc. In December, 1932, counsel for Mrs. Brindjonc caused execution to be issued against relator for $2,535 as defaulted payments, and thereon $938 on deposit to relator’s credit was seized.

Relator filed written notice to vacate the execution on the ground that nothing was due on the judgment. He alleged, in effect, that in October, 1931, being in default to the extent of $2,000, he gave, and Mrs. Brindjonc accepted,…