Nutter

Petition for writ of review and to annul an order dated May 24, 1960, holding petitioner in contempt and sentencing him to serve 15 days in jail with placement on probation for one year on condition that he serve five days in jail and to make child support payments thereafter accruing. An order to show cause thereupon issued and the respondent court was directed to refrain from enforcing said contempt order pending such review. The real party in interest has made her return to the petition herein by filing demurrer thereto.

As there is no appeal from an order made in a contempt proceeding, it may be reviewed upon certiorari, if it is in excess of jurisdiction. (Code Civ. Proc., §1222; Taylor v. Superior Court, 20 Cal.2d 244, 246 [ 125 P.2d 1 ]; Phillips v. Superior Court, 22 Cal.2d 256, 257 [ 137 P.2d 838 ].)

The contempt proceeding stems from a divorce action entitled “ Jacklyn B. Nutter, Plaintiff, versus Newton Nutter, Defendant, [petitioner herein] Number LB D-56948.” An interlocutory judgment of divorce was entered on March 4, 1957, under the provisions of which physical custody of the three minor children of the parties was awarded petitioner. Thereafter, by order to show…