Wallis

Wallis v. Superior Court

Good Law
1925 Cal. App. LEXIS 389·72 Cal. App. 90·236 P. 927
Court of Appeal of CaliforniaMarch 31, 1925Docket No. 4952.California1,216 words

Opinion

lead Opinion

Craig, J.

Certiorari is here invoked to review the procecdings of the superior court of Los Angeles County, wherein petitioner was adjudged guilty of contempt of court for failure to comply with an order directing the delivery of a certain Velie automobile and the payment of money to petitioner’s wife pendente lite, as attorney’s fees, costs of suit, and for the maintenance and support of herself and minor child.

It is alleged in the petition of petitioner that he instituted an action for divorce, and that his wife was served with process, and appeared by counsel; that thereafter an amended complaint was served and filed, and no demurrer or answer having been filed thereto, a default was entered on or about October 6, 1924. On September 24, 1924, pursuant to an order to show cause, which the petitioner alleges was not served upon him, the trial court signed and, on October 11, 1924, filed a written order reading in part as follows: “Upon reading the affidavit heretofore filed by the defendant here and upon hearing the evidence adduced in support of the order to show cause on file herein, on the 24th day of September, 1924, at 2:00 o’clock P. M., the defendant being personally present in…

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