Nelson v. McCarter

ON REHEARING

BOLIN, Judge.

We granted a rehearing limited to the issue of whether this court erred in holding *470that the amount of child support, previously fixed by a judgment in an ordinary proceeding, could be increased by summary process.

Argument as to the merits or demerits of the amount of the increase is foreclosed since rehearing was not granted as to quantum.

Appellee urges the claim for an increase, sought and awarded on trial of a rule nisi, is not an incident to the suit previously filed citing a number of cases in support of this contention, but relying principally on the language…