Legal Opinion

Smith v. Superior Court

California Supreme Court

Decided March 12, 1902No. S.F. No. 2956PublishedCited by 5 opinions

APPLICATION for a writ of prohibition to the Superior Court of the City and County of San Francisco to prevent the enforcement of a judgment for maintenance. M. C. Sloss, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This is an application for a writ of prohibition to prevent the superior court from enforcing a judgment against petitioner in favor of Josephine Smith, wife of petitioner, for maintenance. The decree was obtained in 1893 and required petitioner to pay his wife one hundred dollars per month for her support. The decree was not appealed from, and the petitioner paid the sum awarded Mrs. Smith down to and including the amount due on June 15, 1901. After that date he ceased, and upon demand refused to make further payment. For this reason, upon and after a due hearing, the respondent, as judge,…

2Cases cited1 opinion

  1. Pierce v. BirkholmCalifornia Supreme Court · 1896

3Cited by5 opinions

  1. Smith v. SmithCalifornia Supreme Court · 1905
  2. Simpson v. SimpsonCalifornia Court of Appeal · 1913
  3. Collier v. Ami, Inc.Louisiana Court of Appeal · 1971
  4. Evans v. EvansCalifornia Court of Appeal · 1969
  5. Simonton v. SimontonIdaho Supreme Court · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API