Thomas

This is a petition for a writ of mandamus to require the Superior Court of the County of Butte to issue an order for the defendant in a divorce case to show cause why he should not be adjudged guilty of contempt for failure to pay alimony required by the provisions of a judgment which was rendered against him.

The petitioner and Clyde Thomas were husband and wife. Dissensions arose between them and they executed a written settlement of property rights in which it was provided that in the event of a divorce " Clyde Thomas is to pay, and does by these presents agree to pay unto the said wife, Suzette Thomas, the sum of fifty ($50.00) Dollars per month, to be paid to his said wife until she may remarry.” A complaint for divorce was subsequently filed by this petitioner against her husband in which it was alleged that the agreement in settlement of property rights had been previously executed and “that in said agreement heretofore made certain payments were agreed to be made to the plaintiff herein by the defendant which payments defendant will be bound to pay and plaintiff bound to receive, and if a decree of divorce is entered in this matter said payments shall be included in said…