Smith v. Superior Court

This is an application for a writ of review for the purpose of having reviewed, annulled, and set aside a proceeding and the judgment therein entered adjudging the petitioner guilty of contempt of court in that he violated a certain order of the respondent Court fixing and awarding alimony to be paid to one Elaine T. Smith by the petitioner in an action for divorce in said Court between the former and the latter.

From the petition and the return thereto the general facts may be taken and stated as follows: The petitioner and said Elaine T. Smith intermarried on the fourth day of June, 1917. Three children were born to said parties, as the issue of said intermarriage, one son and two daughters, who were minors at the time of the trial of the action culminating in the divorcement of the parties. On or about the twenty- fourth day of June, 1926, an appeal was pending from the judgment in a certain action (the nature of which is not clearly made to appear by this record, but it is fairly infer-able that it was an action for maintenance) between Elaine T. Smith, plaintiff, and the petitioner here as defendant and at the same time there was pending in the respondent Court an action for…