Carter v. Carter

Defendant has moved for an order dismissing the complaint herein under rule 107 (subd. 4) and rule 106 (subd. 4) of the Rules of Civil Practice on the grounds that (1) there is an existing final judgment determining on the merits this same cause of action between these parties and (2) the complaint does not state facts sufficient to constitute a cause of action.

In her complaint plaintiff alleges that she and defendant entered into a separation agreement in April, 1952 wherein defendant agreed to pay to plaintiff the sum of $30 each week thereafter for her support and that on May 31,1952 said…