Spencer v. Lawler

Citations

• 79 Cal. 215
• 21 P. 742
• 1889 Cal. LEXIS 703

Syllabus

<p>Divorce — Alimony — Contempt -- Discharge from Imprisonment — Mandamus—Dismissal — Costs.—When the defendant in a divorce suit is adjudged guilty of contempt for refusal to pay alimony after an examination into his ability to pay the same, the judge of the court cannot be immediately required again to examine into the matter before the lapse of ten days, upon an application to discharge the prisoner under sections 1143 et seq. of the Code of Civil Procedure, and mandamus will not lie to compel the hearing of such application. If the judge responds to a petition for mandamus that he would have made another examination if the application had been renewed, at any time after the expiration of ten days and before the filing of the petition for mandamus,_ the petition will he dismissed at the costs of the petitioner</p>