Siver v. Shebetka

— Plaintiff and Pearl Siver were divorced November 10, 1947, and she has since died. Plaintiff alleges the administratrix of her estate (defendant herein)' claims the right to collect and is proceeding to collect from him the alimony in arrears when she died. He prays for an injunction. The trial court sustained a motion to dismiss his petition and he appeals contending the unpaid matured installments never constituted a “debt” against him, or a property right in defendant’s intestate which survived and passed to her personal representative.

I. The exact question involved here has never been…