Ex parte Perkins

Citations

• 18 Cal. 60

Syllabus

<p>Whebe, in the regular course of judicial proceedings before a Court of general jurisdiction, a party, having notice of the proceedings, has been ordered by the judgment of the Court to pay a certain sum of money, and in default of obedience to the order, has been committed for contempt, he cannot, on application to the Supreme Court for a writ of habeas corpus, question the regularity of the proceedings of the Court below, nor the propriety of the judgment on the facts. The power of the Court below to make the order is the only question.</p> <p>As to the regularity of the proceedings and the propriety of the order, the Supreme Court is not an appellate Court, but a Court of original special jurisdiction to discharge the applicant when no legal cause of detention exists.</p> <p>In suit for divorce the Court has power to order the husband to pay money to the wife for her support during the litigation, and for coifnsel fees and other legal expenses; and such order may be enforced by imprisonment for contempt in case of refusal to pay.</p> <p>A sum so ordered to be paid is not a debt within that article of our Constitution which prohibits imprisonment for debt except for fraud. The husband is bound to support the wife, and this duty, though not technically a debt, is an imperfect obligation which may be enforced by order of Court compelling him to pay her money.</p>