Smith v. Smith

This is an application for a writ of supersedeas pending appeal from an order denying defendant’s motion to recall and quash a writ of execution. The proceeding arose out of a judgment for support and maintenance entered in favor of plaintiff in a divorce action in which the interlocutory decree was entered May 7,1926. The final decree, including all orders for support, was entered May 17, 1927. The order for the issuance of the writ of execution was entered August 9, 1940.

At the time of entering the interlocutory decree the parties had two minor children, aged seven and thirteen years. The…