McMahon

proceeding in prohibition was instituted by the petitioner to prevent a hearing on an order to show cause why petitioner should not be committed for contempt of court in failing to make payment of monies ordered by a Nebraska court in a divorce judgment which, after some 16 years, was renewed and made applicable in Stanislaus County. The petitioner claims that the order by which he was required to pay certain sums monthly to his minor daughter, or, as the real party in interest argues, to his divorced wife for the benefit of the minor daughter, was void as a matter of law and that it, therefore, cannot be the occasion of a contempt proceeding.

The demurrer to the petition is overruled and the matter determined on the petition and the answer thereto.

An essential element to be weighed is the conceded fact that the petitioner, who was the defendant in the actions in Nebraska and in Stanislaus County, has appealed the local judgment to this court, and the process of perfecting the appeal and supplying the court with a settled statement of facts is in progress. When the appeal is perfected, the decision as to whether the order in question was made within its jurisdiction by the…