Atkinson v. Atkinson

MARKS, J. —

This is an appeal from an order denying a motion to issue an execution on a judgment.

On September 14, 1925, in an action for divorce plaintiff was awarded $150 a month for her support and maintenance. Payments in full were made regularly by defendant until November 1, 1932. He thereafter paid $100 per month from that date to August 1, 1937, upon the promise “that as soon as business conditions improved he would make up his back payments’’. No payments were made for the months of August, September and October, 1937. When the petition to issue the execution was filed on February 24,…