Martin

This is a proceeding in certiorari to review a judgment finding petitioner, Bill Martin (hereinafter called Bill), in contempt for wilful refusal to obey an order requiring him to make certain payments for support of his former wife and his children.

Facts

In general substance the facts shown by the record before us are as follows: On September 8, 1959, Judge James C. Toothaker heard an uncontested action for divorce and ordered a decree of divorce in favor of plaintiff therein, Lillie Martin (hereinafter called Lillie) against Bill Martin. At said hearing Lillie was present in person with counsel. Bill was represented by counsel. His counsel in open court waived findings. Through error, the final judgment conforming to the order for judgment which had been made by Judge Toothaker was presented to and signed by Judge Bonsall Noon of the same court on September 18, 1959. The judgment was ordered entered nunc pro tunc as of September 8, 1959. By said judgment the custody of the two minor children of the parties was awarded to Lillie, and Bill was ordered to pay to Lillie for her support $150 per month and for the support of each of the two minor children the sum of $125 per month.…