In Re Rasmussen

This matter comes before us on a writ of review. The petition filed herein, which it is stipulated shall be considered as a return to the writ, shows that in a divorce proceeding, duly and regularly pending before the superior court of this city and county, a decree of divorce was fully entered on December 7, 1921, granting to Nellie Rasmussen a decree of divorce from petitioner and awarding to said Nellie Rasmussen five thousand dollars of the community property of the parties. Said decree also recites the fact that community property of the parties, out of which the five thousand dollars was to be paid, was in the possession and under the control of the defendant, Aage Rasmussen.

Later, on December 15, 1921, Nellie Rasmussen duly and regularly filed in said court an affidavit for an order citing the said Aage Rasmussen to show cause why he should not be punished for contempt because of his refusal to obey the said order and decree of said court. Said affidavit recites the order and judgment previously made in the divorce action and the provision therein contained for the payment to Nellie Rasmussen of five thousand dollars; that said property was in the possession of the said…