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SCANLON v. SCANLON

No. 5868.

287 P.2d 238 (1955)

60 N.M. 43

Gladys Kemp SCANLON, Plaintiff-Appellant, v. Martin F. SCANLON, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied September 15, 1955.

As Amended October 5, 1955.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Mims & Akin, Charles B. Larrabee, Albuquerque, for appellant.

W. A. Keleher, A.H. McLeod, Keleher & McLeod, J.C. Ryan, Albuquerque, for appellee.

Hannett & Hannett, Jones Stiff & Briggs, and Richard C. Losh, Albuquerque, as amici curiae on motion for rehearing.

KIKER, Justice.

In this case the plaintiff filed a petition asking the court for an order increasing an allowance from the defendant, from whom she was divorced, for her support and maintenance.

Originally, the responsibility of the defendant to pay to the plaintiff monthly installments for her support and maintenance, was a contract entered into between the parties bearing the date April 28, 1947. This agreement, executed in New York, provided, among other...

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