Swanton v. Curley

Plaintiff was formerly the wife of defendant. A son and daughter were the offspring of their marriage, which was dissolved in this State by a decree entered in June, 1920, and custody of the daughter awarded to plaintiff. That judgment ordered that “ at all times the defendant shall properly maintain, educate and support the said children, the amount necessary for that purpose being left to the discretion of the defendant.” This language is taken verbatim from an agreement between the parties in February, 1920, shortly after the institution of plaintiff’s action for divorce.

In September,…