Legal Opinion

Ex parte Cottrell

California Supreme Court

Decided July 15, 1881No. 10,708PublishedCited by 17 opinions

Application for discharge upon writ of habeas corpus.

1Opinion of the Court

The Court:

The petitioner asks to he discharged from imprisonment for an alleged contempt of Court in disobeying its order to pay alimony.

1. It is claimed that the Court exceeded its jurisdiction in increasing the amount over that decreed to be paid by the judgment entered in the action. The Code, however, authorizes the Court to modify its orders in this respect from time to time. (C. C., § 139.)

2. The petitioner denies that a written notice of the order was ever served upon him. He does not deny that he in fact had notice thereof. And the plaintiff in her affidavit to obtain an order upon…

2Cited by17 opinions

  1. Ex parte SpencerCalifornia Supreme Court · 1890
  2. Embree v. EmbreeIdaho Supreme Court · 1963
  3. Hay v. HayIdaho Supreme Court · 1924
  4. Ex parte GordanCalifornia Supreme Court · 1892
  5. Ex Parte Von GerzabekCalifornia Court of Appeal · 1923

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