Smith v. Smith

A decree of divorce was granted to plaintiff February 20, 1901. It contained a pro vision requiring the defendant to pay the plaintiff $200 within one year thereafter. Payment has not been made, and plaintiff now seeks to enforce it by contempt proceedings. Her petition was filed on the 18th day of November, 1922, and heard in February, 1925. The relief sought was denied by the trial judge on the ground that the plaintiff was “not entitled by reason of the great lapse of time to the equitable favor of the court.” The plaintiff has appealed.

Over 20 years elapsed between the time payment was…