Withers
Withers v. Superior Court
Opinion
Lead Opinion
Craig, J.
On June 18, 1925, Granville Withers and Inez Withers intermarried. On August 13, 1925, Inez Withers brought suit for divorce. An order pendente lite was made awarding the plaintiff alimony, counsel fees, and court costs. On August 17th following, Nona Withers, the mother of Granville Withers, filed suit against Inez Withers to annul the marriage, and a judgment of annulment was entered on September 22, 1925. The judgment required Granville Withers to pay to Inez $60 per month for alimony and support of their minor child, whose custody -was also awarded to her.
Thereafter, in the divorce action, Inez Withers filed an affidavit alleging that Granville became delinquent in the payment of alimony as required by the order pendmte lite above mentioned, which delinquency began on April 15, 1927. An order was made, based upon this affidavit, requiring Granville Withers to show cause why he should not be punished for contempt for having failed to comply with the terms of said order pendíante lite. At the time fixed for the hearing of the order to show cause, petitioner herein appeared and urged that since the marriage of the parties had been annulled, the court had lost jurisdiction to…