Brune
Brune v. Superior Court
Opinion
Lead Opinion
Knight, J.
The petitioner Herman W. Bruñe was adjudged guilty of contempt by the Superior Court for failure to pay certain sums of money for the support and maintenance of his wife and his minor child as directed by the terms' of an interlocutory decree of divorce theretofore entered in the divorce action; and he seeks in this proceed ing in certiorari to have the judgment of contempt annulled, it being alleged in his petition, as grounds for the issuance of the writ, that no testimony was taken at the hearing of the contempt proceeding to substantiate the averments of the affidavits initiating the contempt proceedings; and that petitioner was precluded from introducing testimony showing his inability to comply with said decree or that the amount of the alleged arrearage was incorrect.
As frequently held, in a proceeding such as this, the reviewing court is restricted to a consideration of the single question of whether the trial court exceeded its jurisdiction; and even though it appear that, during the hearing or in the determination of the matter before it, the trial court may have erred to the prejudice of the petitioner, either in matters of fact or matters of law, relief may not be…