Smith v. Superior Court

This is an application for a writ of prohibition to prevent the superior court from enforcing a judgment against petitioner in favor of Josephine Smith, wife of petitioner, for maintenance. The decree was obtained in 1893 and required petitioner to pay his wife one hundred dollars per month for her support. The decree was not appealed from, and the petitioner paid the sum awarded Mrs. Smith down to and including the amount due on June 15, 1901. After that date he ceased, and upon demand refused to make further payment. For this reason, upon and after a due hearing, the respondent, as judge, found him guilty of contempt, and will proceed to enforce the judgment in this mode unless prevented by this court.

The reason why petitioner declines further payment of alimony, and why he seeks relief of this court is, that, as he claims, he has been divorced from his said wife.

After due and proper proceedings petitioner did obtain a decree of divorce, releasing him absolutely from the bonds of matrimony, on the twenty-fourth day of December, 1900, but the judgment was afterwards set aside and vacated and a new trial granted to Mrs. Smith, on August 30, 1901. From this order the petitioner…