In Re Wagnon

The petitioner was committed to the county jail of Los Angeles County for contempt of court for failure to pay a monthly award to his wife, Nellie R. Wagnon, for the maintenance and support of their minor child. He seeks his freedom from such confinement by habeas corpus.

It appears that on May 18, 1918, Mrs. Wagnon filed in the superior court of San Bernardino County a suit for divorce from the petitioner, which resulted in a judgment for the defendant, but the court made an order therein directing that he pay $15 per month for the maintenance and support of the minor. Thereafter, and on December 13, 1918, the petitioner herein instituted a suit for divorce in the superior court of Los Angeles County, reciting in his complaint: “That there is now living of the issue of said marriage one child, Virginia Merle Wagnon, aged six years.” No appearance was made by the defendant in the latter action, and an interlocutory decree was entered by default. No allowance was requested in the complaint last mentioned, but the court inserted in the interlocutory decree a provision that the plaintiff, petitioner herein, pay to the defendant $15 per month for the maintenance and support of said…