McGill v. McGill

Citations

• 101 Kan. 324
• 166 P. 501
• 1917 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Alimony in Monthly Installments — Judgment Not Released. After a decree of divorce and an order for the payment of alimony in monthly installments the defendant sought to obtain from plaintiff’s counsel a release of the order and paid him $25. It appears that counsel did not intend to release the judgment and had no authority so to do, but intended only to receipt for an attorney’s feq. The entry ■on the judgment docket consisted of the two words “Judgment released.” Held, that no lawful release of the order for the payment of alimony was shown. 1</p> <p>2. Same — Alimony in Monthly Installments — Default in Payments — Statute of Limitations. The order for the payment of alimopy in monthly installments did not of itself constitute a lien upon any land of the defendant within the county. Whether or not any part of such order became dormant for failure for twenty years to take any steps toward its enforcement, it can not be held that all the monthly payments required thereby were barred by the statute of limitations.</p> <p>3. SAME — Remarriage of .Wife — Right to Alimony Continues. The general rule is that a divorced wife’s remarriage to another does not of itself operate as a release of the former husband’s obligation to pay alimony, although it may well furnish a ground for discharging him from further payments.</p> <p>4. Same — Laches in Enforcing Payments of Alimony. From the record .it does not appear that the plaintiff by laches has lost her right to all the monthly payments ordered to be made to her by the defendant, mere delay not necessarily constituting laches.</p> <p>5. Same — Alimony—Default in Payment — Pñma Facie Case for Contempt. It is held that the plaintiff made out a prima facie case and it was error to deny her motion to require the defendant to show cause why he should not be held in contempt for failure to obey the order to pay alimony.</p>