Ex parte Silvia
California Supreme Court
HABEAS CORPUS to the Sheriff of the County of Sonoma to test the legality of an imprisonment for contempt by the Superior Court of Sonoma County for nonpayment of alimony. Albert G. Burnett, Judge. The order for payment of alimony was made pendente lite in' a suit for divorce in the case of Leonora Silvia v. John J. Silvia. The plaintiff offered to unite with the defendant in the mortgaging of the homestead, in order to raise means for the payment of alimony.
Read the full summary
HABEAS CORPUS to the Sheriff of the County of Sonoma to test the legality of an imprisonment for contempt by the Superior Court of Sonoma County for nonpayment of alimony. Albert G. Burnett, Judge. The order for payment of alimony was made pendente lite in' a suit for divorce in the case of Leonora Silvia v. John J. Silvia. The plaintiff offered to unite with the defendant in the mortgaging of the homestead, in order to raise means for the payment of alimony. Further facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The return to the writ of habeas corpus issued herein shows that the petitioner is held in custody under orders directing his imprisonment until he shall have paid a certain sum of money awarded as alimony pendente lite. When an alleged contempt consists in the failure to obey an order of court the party charged with such failure may be imprisoned until *294he complies, provided he has the ability to comply. If it is not in his power to do what he has been commanded to do, he cannot be condemned to perpetual imprisonment for failure to perform an impossibility. This being so, and every…
2Cited by21 opinions
- Yager v. YagerCalifornia Supreme Court · 1936
- Ex Parte DeweesTexas Supreme Court · 1948
- Van Hoosear v. Railroad CommissionCalifornia Supreme Court · 1922
- Bailey v. Superior CourtCalifornia Supreme Court · 1932
- Ex parte De WeesTexas Supreme Court · 1948
16 more not listed; retrieve them via the Exa API.