Pearson

An interlocutory decree of divorce was granted to the wife of petitioner on the 7th day of July, 1936. Petitioner seeks a writ of mandate to compel the entry of a final decree which has been withheld until back alimony payments for the support of his wife and their child have been paid. The first petition for a final decree was filed in "November of 1938, but the judge refused to sign the same until petitioner paid to his former wife all sums due and remaining unpaid under the interlocutory judgment and decree of divorce, with an additional sum representing the amount of certain liens against property formerly belonging to petitioner and awarded to the wife in said divorce action. On the 6th day of February, 1939, petitioner again, through his counsel, presented to the judge a final decree of divorce in due form and there requested the said judge to grant and sign the same, but the application was again denied until petitioner herein paid to his former wife all sums accrued and remaining unpaid under said interlocutory judgment and decree.

It is contended that the refusal of the judge to grant and sign said final decree is arbitrary and unreasonable and an abuse of discretion by…