Spitzer

An original application for a writ of prohibition to prevent the entry by the Superior Court in and for the County of Alameda of a final decree of divorce in an action pending therein entitled “Hazel M. Spitzer, Plaintiff, v. Sidney Spitzer, Defendant

The defendant, who is the petitioner herein, and plaintiff intermarried in the territory of Hawaii during the year 1917 and lived together therein until the month of June, 1920, when a separation occurred, petitioner remaining in that territory, while his wife with the minor child of the marriage came to California and has since resided in the county of Alameda. It is alleged in the petition—and there have been filed herein exemplified copies of the proceedings —that petitioner on March 2, 1922, commenced in the circuit court of that territory an action for divorce, alleging desertion by his wife, who appeared therein and contested the action; that on December 5, 1923, judgment was therein entered granting a divorce to petitioner, awarding the custody of the child to its mother, and providing for the payment by petitioner of certain sums for the support of the child, and which judgment—an appeal (which was thereafter dismissed)…