Wilson

Citations

• 75 Cal. 580
• 17 P. 698
• 1888 Cal. LEXIS 588

Syllabus

<p>Contempt—Refusal to Pay Alimony — Discharge of Prisoner.—A person confined in jail for a contempt of court for refusing to obey an order directing him to pay alimony is entitled to he discharged, under sections 1143 et seep of the Code of Civil Procedure, upon proof of his inability to pay.</p> <p>Id.—Civil Contempt—Execution.—In a case of civil contempt,—as when a defendant in a civil action is ordered by the court to pay money generally to the plaintiff, and is committed until he shall have paid it, — the prisoner is in custody as under an execution.</p> <p>Id.—Application for Discharge—Mandamus to Compel Hearing.— A person confined in jail for contempt in refusing to obey an order of court directing him to pay alimony will not he awarded a writ of mandate to compel the judge of the superior court to entertain an application for his discharge, when the answer to the petition for the writ, being taken as true, shows that the judge did entertain the application, but refused the discharge, because in his judgment the petitioner was not entitled thereto.</p>