Schultz v. Superior Court

Petitioner seeks to effect the annulment of a judgment of contempt entered by respondents on the grounds that the (1) court had no jurisdiction over petitioner or (2) of the action in which the contempt was adjudicated.

The facts appear to be undisputed that petitioner was sued for divorce on December 27, 1939. Summons was served upon him but he filed no appearance in the action. On August 30, 1944, pursuant to section 581a, Code of Civil Procedure, the court on its own motion dismissed the action. On the following September 11th the court denied the plaintiff’s motion to vacate the order of…