Smith v. Blanton

On Motions for Rehearing and to Certify.

[5] Appellant insists that the agreement upon his part to pay the sum of $300 annually to Mrs. Blanton for the support and maintenance of their children was merged in the decree rendered by the district court in the divorce proceedings, and that the ruling of this court that Mrs. Blanton can maintain the present suit upon such agreement is in conflict with the well-settled doctrine of merger to the effect that, when a cause of action has ripened into judgment, a subsequent suit between the same parties cannot be maintained upon the original cause of…