Smith v. Duncan

Opinion op the Court by

Judge Ratlifp

Affirming.

Appellant and appellee, formerly husband and wife, were divorced by a judgment of the Logan circuit court in 'May, 1929, and appellant was awarded the custody of their child and $500 permanent alimony. In 1931 appellant married one Marshall Smith and they are still living together. Appellee never remarried.

Claiming that the judgment for alimony had not been paid, in September, 1941, appellant caused an execution to issue which the sheriff levied upon certain property •of appellee, and thereupon appellee brought this action seeking to enjoin…