McCormick

Petitioner seeks by this proceeding in review to annul an order of the respondent court finding him guilty of contempt, sentencing him to serve 30 days in jail, placing him on summary probation for one year upon condition that he serve two days in jail and make all child support payments thereafter falling due under the provisions of an interlocutory judgment of divorce.

Petitioner was held in contempt and sentenced for asserted wilful failure to make certain child support payments purportedly payable under said interlocutory decree of divorce.

We previously ordered that writ of review issue herein and, upot' further consideration of the matter and the return herein mu.de pursuant to stipulation of the parties, we are convinced that, by reason of the facts shown at the hearing, the contempt proceeding against petitioner is fatally defective. The respondent court was therefore without jurisdiction and its said contempt order must be annulled.

Said affidavit averred in part that petitioner had wilfully disobeyed orders of the respondent court made on October 17, 1958, and December 16, 1958, which orders required petitioner to pay $100 per month for the support of his minor…