In Re Scroggin

GRIFFIN, J.—

The petition upon which this writ is issued shows that an order to show cause was issued out of the Superior Court of San Diego County, in an action entitled

Cecile G. Scroggin, Plaintiff,

v.

Vernal T. Scroggin, Defendant,

directing said defendant to appear and show cause why he should not be held in contempt of court for failing to comply

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with the terms of the interlocutory judgment of divorce in said cause, which decree incorporated the terms of a property settlement agreement between the parties to said action, and which ordered certain payments made by the petitioner under the terms of the property settlement agreement. The petitioner in this proceeding appeared before John A. Hewicker, judge of the superior court, in person and by his counsel.

The allegations contained in the affidavit of plaintiff, filed in support of the order to show cause, were met by the allegations of affidavits filed by petitioner in which he denied that his failure to comply with the terms of the interlocutory judgment was wilful. He alleged that he had no notice or knowledge of such decree until he was served with said order to show cause. He also alleged that he was wholly unable to comply with the terms of the judgment. After hearing, petitioner was adjudged to be in contempt of court and sentence to confinement in the county jail until such time as he should purge himself of contempt by paying plaintiff the sum of $1,200.

The judgment holding petitioner in contempt, after setting forth certain findings not material here, makes certain other findings pertinent to the matter at hand. It recites (1) that on the 27th day of November, 1950, the defendant had, and now has

“knowledge”

of the terms of the interlocutory decree of divorce herein; (2) that on said date (Nov. 27, 1950) defendant “was possessed of approximately $1,400.00 in cash and other personal property of value”; (3) that on said date defendant had, ‘ and now has, the ability to make a

substantial payment