Johnson v. Superior Court

This is an original proceeding instituted in this court wherein petitioner seeks a writ of mandate directing the respondent court and judge to order the county clerk to issue an execution against the property of W. P. Johnson for unpaid installments of an allowance for support given her in an interlocutory decree of divorce in the case of W. P. Johnson v. Clara C. Johnson. This case came before this court on appeal from an order reducing the monthly payments to be made by W. P. Johnson to Clara C. Johnson, petitioner here. (Johnson v. Johnson, 104 Cal. App. 283 [ 285 Pac. 902, 905 ].)

The facts of the case may be briefly summarized as follows : W. P. Johnson instituted an action for divorce from Clara C. Johnson alleging extreme cruelty. On March 14, 1928, he was granted an interlocutory decree of divorce from which it appeared the parties had made a settlement of their property rights. This settlement was approved by the trial court. In the interlocutory decree Clara C. Johnson was awarded $100 a month for her support. No appeal was taken from this interlocutory decree. On July 13, 1928, Johnson served and filed a notice of motion to modify the interlocutory decree in so far as…