SIMPSON v. SUPERIOR COURT

No. 7046.

87 Ariz. 350 (1960)

351 P.2d 179

Helen P. SIMPSON, Petitioner, v. SUPERIOR COURT OF The State of ARIZONA, IN AND FOR the COUNTY OF PIMA, and Herbert F. Krucker, Judge thereof, Respondent, and Donald H. Simpson, a/k/a Don H. Simpson, Real Party in Interest.

Supreme Court of Arizona.

April 13, 1960.


Attorney(s) appearing for the Case

William H. McBratney, Conner, Jones & Murphy by James M. Murphy, Tucson, for petitioner.

Udall & Udall, Tucson, for respondents.


BERNSTEIN, Justice.

This prohibition proceeding presents the question whether on an application to modify a divorce decree the superior court has jurisdiction to reduce the support and maintenance payments for the wife where these payments were fixed in a separation agreement which is incorporated but not merged in the decree.

On August 13, 1956, Helen P. Simpson (hereinafter called the "wife") and Donald H. Simpson (hereinafter called the "husband"), who...

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