Ex parte Silvia

Citations

• 123 Cal. 293
• 55 P. 988
• 1899 Cal. LEXIS 1063

Syllabus

<p>Alimony—Nonpayment—Imprisonment for Contempt—Inability—Sale or Encumbrance of Homestead—Habeas Corpus.—A defendant ordered to pay alimony, pendente lite, cannot be imprisoned for contempt in nonpayment thereof, until such payment shall be made, in the absence of a finding that he is able to comply with the order. Where it appears that he has no ability to comply therewith, without selling or encumbering his homestead, he cannot be required to make such sale or encumbrance; but, in such case, he is, in a legal sense, unable to pay the alimony; and his continued imprisonment being unlawful, he must be discharged from custody upon habeas corpus.</p>