Legal Opinion

Frese v. Superior Court

Court of Appeals of Arizona

Decided September 10, 1970No. 1 CA-CIV 1437Published

1Opinion of the Court

JACOBSON, Judge.

This special action requires us to determine whether the Superior Court of Maricopa County when exercising its contempt power violated the Arizona Constitutional provision prohibiting imprisonment for debt.

On February 26, 1969, petitioner Jack M. Frese was granted a decree of divorce from real party in interest, Maxine F. Frese, in the Superior Court of Maricopa County. This decree of divorce, insofar as pertinent here, provided:

“3. That defendant [Maxine F. Frese] be and she is hereby awarded the Buick automobile of the parties * * *.
“4. Plaintiff [Jack M. Frese] is further…

2Cases cited6 opinions

  1. Marlin Ferris Goggans, Also Known as M. F. Goggans v. Reta OsbornCourt of Appeals for the Ninth Circuit · 1956
  2. Collins v. Superior CourtArizona Supreme Court · 1936
  3. Stone v. StidhamArizona Supreme Court · 1964
  4. State v. RobbinsWashington Supreme Court · 1950
  5. Perkins v. Superior CourtArizona Supreme Court · 1966

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