Spangle v. Spangle

• Citation: 83 N.E. 720,41 Ind.App. 297
• Decision Date: 21 February 1908
• Docket Number: No. 6,276.,6,276.
• Parties: SPANGLE v. SPANGLE.
• Court: Court of Appeals of Indiana

41 Ind.App. 297

83 N.E. 720

SPANGLE

v.SPANGLE.

No. 6,276.

Appellate Court of Indiana, Division No. 2.

Feb. 21, 1908.

Appeal from Circuit Court, Daviess County; H. O. Houghton, Judge.

Action by Helena Spangle against Samuel Spangle on a judgment. From a judgment for plaintiff and an order overruling a motion for a new trial, defendant appeals. Affirmed.

Sam'l W. Williams, B. M. Willoughby, and James M. House, for appellant. C. B. Kissinger and L. A. Meyer, for appellee.

COMSTOCK, J.

Appellee, who is plaintiff below, brought this action against the appellant on a judgment in her favor, rendered by the Knox circuit court. The suit was commenced in the Knox circuit court, and, on change of venue, tried in the Daviess circuit court. The complaint was in one paragraph, and alleged, in substance, that on the 15th day of June, 1905, a judgment was rendered by the Knox circuit court in favor of appellee against appellant for the support of herself and her child, whereby defendant was ordered to pay the plaintiff $125 each year as long as she lived, or until she remarried; that the first installment of said judgment was due on the 1st day of August, 1905, and the same amount on the 1st day of August each year thereafter. By a like order of said court said defendant was ordered to pay for the use of said child, Robert S. Spangle, and for the support of their said child, the sum of $125 annually, on the 1st day of January, 1906, and the same sum on the 1st day of January each year thereafter until said Robert arrived at the age of 21 years; and, upon failure to do so, that suit might be brought upon said judgment so due, and reasonable attorney's fees upon the amount so failed to be paid. A copy of the order of the court and of said judgment was filed with the complaint and made a part thereof as an exhibit. The complaint avers that the judgment is still in force; that the installment of said amount, to wit, $125 was due and payable August 1, 1905, and that said defendant has failed to pay the same, although requested so to do; that a reasonable fee for the collection of said sum is $25. Plaintiff demands judgment for $200. A copy of the judgment exhibited with the complaint is as follows: “Helena Spangle v. Samuel Spangle, Support. On this day come the parties, and the court, having said cause under advisement, and being now sufficiently advised in the premises, finds for the plaintiff. It is therefore ordered, adjudged, and decreed by the court that the said Samuel Spangle is hereby ordered to pay to plaintiff the sum of $125 each year as long as she lives, or until she remarries some other man than the defendant; said first judgment to be paid August 1, 1905, and the same amount on the 1st day of August each year thereafter. It is further adjudged and decreed by the court that said defendant, Samuel Spangle, pay to said plaintiff, or such other person as the court may direct, for the use of said plaintiff's child, Robert S. Spangle, the sum of $125 on the 1st day of January, 1906, and the same amount on the 1st day of January each year thereafter, until such Robert S. Spangle arrives at the age of 21 years. It is further ordered, adjudged, and decreed that in the event a suit be brought to collect any of said...