Moore

Petitioner was about to be punished for contempt of court because of. an alleged failure to pay in full an amount required to be paid by him for the support and maintenance of his minor child. The requirement was contained in a decree of divorce, by adoption of the terms of an agreement between the parties. Petitioner asked of this court a writ of prohibition for the purpose of preventing the threatened punishment for contempt and an alternative writ issued.

The following portion of the agreement between petitioner and his wife, and that portion only, is shown by the petition for the writ, petitioner being the first party therein and the wife the second:

The decree of divorce which adopted the agreement was rendered September 29, 1926. The alleged default of petitioner in making his monthly payments in full was made the subject of inquiry by respondent court at a hearing held on October 17, 1930. Whether petitioner is actually in default depends upon a rather unusual chain of circumstances. He is a veteran of the World War, was wounded in the service, and at some unfixed date accordingly became entitled to compensation from the United States Veterans’ Bureau at the rate of $45…