From Casetext: Smarter Legal Research

Ex parte Hart

Supreme Court of California
Apr 1, 1892
94 Cal. 254 (Cal. 1892)

Opinion

         Appeal from a judgment of the Superior Court of the city and county of San Francisco.

         COUNSEL

          Maguire & Gallagher, for Petitioner.

          Eugene N. Deuprey, for Respondent.


         JUDGES: In Chambers. Beatty, C. J.

         OPINION

          BEATTY, Judge

         The petitioner is imprisoned upon a charge of contempt of court, consisting in his refusal to pay alimony awarded to his divorced wife by the decree of divorce. He contends that the imprisonment is unlawful, because, as he claims, the decree as to the order for alimony is void by reason of the fact that it does not specify the period during which the alimony is to be paid.

         As I construe the decree, it intends the payment of alimony to continue during the life of the plaintiff in the divorce suit, or until modified by the court. Such a decree the court had power to make in granting a divorce for the offense of the husband. (Civ. Code, sec. 139.) The decree is, in my opinion, sufficiently certain in its terms. It is within the jurisdiction of the court, and can be enforced by process of contempt.

         The prisoner is remanded to custody.


Summaries of

Ex parte Hart

Supreme Court of California
Apr 1, 1892
94 Cal. 254 (Cal. 1892)
Case details for

Ex parte Hart

Case Details

Full title:Ex parte WILLIAM N. HART, on Habeas Corpus

Court:Supreme Court of California

Date published: Apr 1, 1892

Citations

94 Cal. 254 (Cal. 1892)
29 P. 774

Citing Cases

Soule v. Soule

' " In Wolff v. Wolff, 102 Cal. 433, [36 P. 76; 1037], where a certain amount had been awarded the wife as…

San Francisco Bank v. St. Clair

". . . If a person against whom an action may be brought dies before the expiration of the time limited for…