Emrich v. McNeil

This is not a suit to compel support of a child. It is not even a suit to recover money expended for a child’s support. It is a suit by a mother to recover, for her own use, money which the father had agreed to pay her periodically “for the support” of the child. Though the parties called their agreement a stipulation, and filed it among the papers in a divorce suit, the divorce court did not act upon it. It was not a court order. When the present suit was brought, the purpose which the claimed payments had originally been intended to serve could no longer be accomplished, since the periods…