Macario
Macario v. Macario
Opinion
Lead Opinion
Shenk, J.
The defendant and appellant filed his application for a writ of supersedeas to stay proceedings to enforce a judgment of the trial court, and particularly to stay the sale under a writ of execution levied on said judgment, pending the determination of his appeal from an order of the trial court denying his motion to recall and quash said writ of execution.
On July 31, 1919, the Superior Court, in and for the city and county of San Francisco, granted to Margaret Macario, the plaintiff and respondent above named, an interlocutory decree of divorce from Giuseppe Macario, the defendant and appellant, and among other matters granted to said Margaret Macario the custody of the minor child of said parties who was then residing in the kingdom of Italy and the sum of $10' per month for the support of said minor. A final decree of divorce including similar provisions was entered on August 3, 1920. On July 13, 1928, said Margaret Macario caused a writ of execution of said judgment to be issued out of said Superior Court. On motion of the petitioner herein, the Superior Court, on June 21, 1929, made an order recalling said writ of execution, but without prejudice to the issuance of a new…