Thomas
Thomas v. Superior Court
Lead Opinion
THE COURT. This petition for a writ of prohibition is based upon the same order and the identical facts which are disclosed in a similar petition between the same parties, in which previous proceeding an opinion of this court was filed January 28, 1933 ( ante, p. 282), except that this petition involves the nonpayment of installments of alimony which occurred subsequent to those which were involved in the former proceeding. To the petition in the present proceeding a demurrer was filed. It is asserted the petition fails to state facts sufficient to constitute a cause of action. [1] Upon the authority of Thomas v. Superior Court, ante, p. 282 [ 18 P.2d 755 ], the demurrer to the petition for a writ of prohibition in the present proceeding is sustained and the writ is discharged. *Page 787