Ruppe v. Superior Court

CRAIG, Acting P. J.

The petitioner having failed to comply with a judgment awarding alimony, as modified, and with subsequent orders of the Superior Court of Los Angeles County, was pronounced guilty of contempt of said court. He prays that the order last mentioned be reviewed upon the ground that it appears upon the face of the record that the same was in excess of the jurisdiction of the tribunal which made it, and that it should be annulled.

Upon an order to show cause why the petitioner should not be adjudged guilty of contempt for failure and refusal to pay certain monthly installments of alimony in accordance with a modified judgment, and which became due during 1931 and 19-3-2, he appeared, and pursuant to a trial of the question he was directed to make delinquent payments within a specified time. This latter order recited that: “The court finds that the defendant is in arrears and is adjudged guilty of contempt in failing to make payments . . . The court sentences the defendant to the county jail for a period of five (5) days unless all back payments are made within 20 days from date’’, and was entered in the minutes of the court. About one month thereafter, in the

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absence of the petitioner, and without further showing, the order in controversy was made wherein it was recited that the court had theretofore found “that the defendant has had the ability to comply with the said order”, but had wilfully failed and refused and still wilfully fails and refuses to comply therewith, and “made its order adjudging the defendant guilty of contempt . . . and having on said date sentenced the defendant to serve a period of five (5) days . . . “and further appearing that more than twenty (20) days have expired since the making of said order adjudging defendant guilty of contempt, and that said payments so in default have not been nor has any part of them been paid; therefore it is ordered that the defendant, Louis E. Ruppe, be and he is now sentenced to serve five (5) days in the county jail of Los Angeles County, commencing forthwith”.

It is contended that the order of commitment was void for the reason that the same was made pursuant to an alternative preceding' order, without a showing that the petitioner had failed to make said payments, and without affording him an opportunity to be heard.

The offense attempted to be charged was a constructive civil contempt