(Download) "Wilson V. Superior Court" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: Wilson V. Superior Court
- Author : Supreme Court Of California
- Release Date : January 06, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is a proceeding in certiorari to review an order of the respondent court adjudging petitioner guilty of contempt and committing him to imprisonment in the county jail for failure to make certain alimony payments alleged to be due under the terms of an interlocutory decree of divorce. In avoidance of such impending commitment, petitioner paid the disputed sums. It is conceded that a final judgment of contempt is properly reviewable on certiorari (5 Cal.Jur. § 50, p. 955; Tripp v. Tripp, 190 Cal. 201, 202 [211 P. 225]; Brunton v. Superior Court, 20 Cal. 2d 202, 204 [124 P.2d 831]; Taylor v. Superior Court, 20 Cal. 2d 244, 246 [125 P.2d 1]; Rose v. Superior Court, 44 Cal. App. 2d 599, 600 [112 P.2d 713]), but it is argued that "the point . . . has become moot inasmuch as" petitioner, "when ordered into . . . custody . . ., paid the alimony judgment now under contest." However, the law is otherwise and such payment, under legal compulsion, does not preclude a consideration of the question whether the respondent court has exceeded its jurisdiction in making the order presented for review. (Hume v. Superior Court, 17 Cal. 2d 506, 512 [110 P.2d 669]; Null v. Superior Court, 4 Cal. App. 207, 211 [87 P. 392]; Dreher v. Superior Court, 124 Cal. App. 469, 477 [12 P.2d 671].) That the respondent court has so acted appears from the record of the matters which constituted the basis of the contempt adjudication.
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