Miller v. Superior Court

Petitioner seeks a writ of prohibition to restrain further prosecution of a contempt proceeding. Said proceeding is based on petitioner’s alleged violation of an order of respondent court which directed him to pay $75 monthly for the support of his former wife, Edythe Miller. It is the contention of petitioner that he is not subject to contempt proceedings for the reason that his obligation to make said monthly payments rests on a property settlement agreement, rather than on a decree for alimony.

Prior to institution of an action for divorce by Edythe Miller, the parties entered into a…