Peck v. Superior Court

NOURSE, J. pro tem. *

This is a petition for writ of prohibition to prevent the respondent court from hearing and determining a motion 1 made by the former husband of petitioner whereby he sought to be relieved from the obligation imposed upon him by the interlocutory decree of divorce to support a minor who, by the terms of the interlocutory decree, had been adjudged to be the child of the parties.

The facts are: In March 1959, petitioner commenced an action for divorce against her husband, Robert G. Peck, real party in interest here (sometimes hereinafter referred to as the defendant). By the…