Waters v. Waters

Candler, Justice.

Ben P. Waters and his wife were divorced on December 1, 1944. They had at that time two minor children, one of whom was Benjamin Peyton Waters. They entered into an agreement, which was approved by the court and made a part of their divorce decree by the terms of which agreement he was to pay her $55 per month for the support and maintenance of each of their minor children. The petition in the in'stant case does not allege a failure on his part to comply with that decree. On May 18, 1961 his minor son suing by and through a next friend, brought an action against him in which…