Leberstein v. Leberstein

Henderson, J., delivered the opinion of the Court. Marian J. Leberstein filed a bill for divorce against her husband, Martin J. Leberstein, on November 17,1925, on the ground of adultery. Answer was filed, testimony taken before an examiner, the case was submitted for decree and referred to a Master, and finally on October ²⁶ 7, 1926, the Court entered a decree divorcing the complainant a vinculo from the defendant. In that decree custody of the minor child of the parties (who was then four years old) was awarded to the complainant; the defendant was charged with the maintenance and support of said child, and ordered to “pay therefor, to said complainant, through the Prisoners’ Aid Association, the sum of eight dollars per week, all subject to the further orders of this Court.” On April 25, 1945, Marian J. Leberstéin filed a petition in the case, reciting the decree and alleging that 712 weeks had elapsed since the decree of October 7, 1926, up to the time that the minor child became self-supporting, and that the defendant paid on account of said decree only the sum of $125, leaving a balance of $5,571 unpaid.

The petition prayed a “judgment” in that sum, and for other and further relief. A show cause order was signed on this petition, and the defendant appeared and filed a demurrer to the petition. After hearing, the Court overruled the demurrer, with leave to answer within ten days. From that order, the defendant has appealed to this Court.

We think that the order appealed from was interlocutory, and that the appeal is premature and should be dismissed. This was not a new bill, or supplemental bill based upon new matter. Compare Borchert v. Borchert, 185 Md. 586 , 45 A. 2d 463 . The defendant’s liability to support was adjudicated in the original decree.

The proceeding was simply for the purpose of converting overdue installments under the original decree into a lump sum so as to become a lien upon the property of the defendant and to facilitate execution or other action under Section 211, Article 16 of the Code, 1939. As was said in Marshall v. Marshall, 164 Md. 107, 116 , 163 A. 874 , 877: