Biltmore Drug Store v. Superior Court

In this proceeding petitioner seeks to prevent the enforcement of an order made by the Superior Court in a supplementary proceeding brought under section 717 of the Code of Civil Procedure, in aid of an execution issued pursuant to an order for the payment of alimony in a certain divorce action commenced by Julius Robbins, plaintiff, against Pauline Robbins, defendant. After the supplementary proceeding had been commenced the plaintiff filed a dismissal of his action.

It is contended that the order for payment of alimony and attorney’s fees pendente lite became inoperative upon dismissal of the action, and therefore that petitioner cannot be examined under the order in supplementary proceedings. Petitioner contends also that supplementary proceedings can be based only upon a judgment, and that an order for the payment of alimony and attorney's fees pendente lite is not a judgment. In our opinion these contentions of petitioner are without merit. We do not doubt that upon the dismissal of the action further payments under the order would no longer accrue; but we think that payments which already had accrued and were due and payable remain so due and payable, notwithstanding…