Wilson v. Wilson

Respondent, plaintiff in the court below, has moved to dismiss the appeal from a decree granting him a divorce and custody of the minor children of the parties and settling their property rights. The ground of the motion is that appellant accepted a payment of $100 made by respondent pursuant to that part of the decree awarding appellant the sum of $1,500 to be paid in monthly installments of $100 each. The decree recites that this award is not to be construed as alimony. The record before us discloses acceptance of the $100 payment by appellant.

In accordance with the established rule that a…