Marker

The petitioner has been adjudged in contempt and sentenced to fine and imprisonment for failure to pay certain support payments provided for in an interlocutory decree of divorce.

The parties, together with their attorneys, appeared in court on April 25, 1957. When the case was called for trial counsel informed the court that the parties had reached an agreement and, in open court, they stipulated to a disposition of the *570 community property and the amount and time for payment of monthly alimony payments. The husband then requested the court to dismiss his cross-complaint, withdrew his answer and consented that the matter be heard as a default matter.

On June 4, 1957, the interlocutory decree was signed by the judge. The decree contains the following recitation: “At the inception of the case, and before the taking of any evidence, counsel for the respective parties announced that the parties had reached an agreement as to division of property, provision for support and allowance for attorneys’ fees, whereupon it was orally stipulated in open court, in the presence of, and with the assent and consent and concurrence of, both plaintiff and defendant:... ”

On June 18, 1959, the…