Moniz v. Moniz

J.— The question in this case is what, if any, discretion a court has to withhold execution for unpaid installments under a property settlement agreement which has been incorporated into a judgment. The parties have been before this court in two earlier appeals, Moniz v. Moniz, 142 Cal.App.2d 527 [298 P.2d 710], and Moniz v. Moniz, 142 Cal.App.2d 641 [299 P.2d 329]. It is not questioned by the parties, and indeed it is the law of the case from the second appeal (142 Cal.App.2d at p. 644), that the judgment is not subject to modification because of the integrated character of the property…