Creager

Creager v. Superior Court

Good Law
126 Cal. App. 280·1932 Cal. App. LEXIS 462·14 P.2d 552
Court of Appeal of CaliforniaSeptember 24, 1932Docket No. 8484.California1,365 words

Opinion

lead Opinion

Spence, J.

Petitioner seeks a writ of prohibition to re-

strain the respondent court from further proceedings under an order to show cause.

Petitioner and Rowena D. Creager were husband and wife up to the time that a decree of divorce was obtained by the wife in the Second Judicial District Court of the State of Nevada. By the terms of that decree petitioner was ordered to pay to said Rowena D. Creager the sum of $30 per month as alimony commencing on the first day of March, 1930. In 1931 said Rowena D. Creager filed in the respondent court an action seeking to enforce the Nevada decree. The complaint was entitled “Complaint on Foreign Judgment”. Plaintiff set forth the decree of the Nevada court and alleged that no appeal had been taken and that the decree had not been modified. She made further allegations regarding the amount due and unpaid thereunder and the fact that both plaintiff and defendant were residents of this state. The prayer of the complaint asked that “said judgment be established as a foreign judgment” and that the unpaid amount be adjudged due and owing from defendant to plaintiff. Petitioner defaulted and the trial court entered judgment as follows: “That said judgment…

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