In Re Rasmusssen

LANGDON, P. J.

This matter comes before us on a writ of review. The petition filed herein, which it is stipulated shall be considered as a return to the writ, shows that in a divorce proceeding, duly and regularly pending before the superior court of this city and county, a decree of divorce was fully entered on December 7, 1921, granting to Nellie Rasmussen a decree of divorce from petitioner and awarding to said Nellie Rasmussen five thousand dollars of the community property of the parties. Said decree also recites the fact that community property of the parties, out of which the five thousand dollars was to be paid, was in the possession and under the control of the defendant, Aage Rasmussen.

Later, on December 15, 1921, Nellie Rasmussen duly and regularly filed in said court an affidavit for an order citing the said Aage Rasmussen to show cause why he should not be punished for contempt because of his refusal to obey the said order and decree of said court. Said affidavit recites the order and judgment previously made in the divorce action and the provision therein contained for the payment to Nellie Rasmussen of five thousand dollars; that said property was in the possession of the said Aage Rasmussen; that a copy of the judgment and order in the divorce action had been served upon said defendant therein and demand made for the payment of the five thousand dollars, which was then in the possession of said defendant; that said defendant had refused, and still refuses, to deliver said money to affiant, although said money is in his possession and he has the ability to comply with said order.

[370]

Upon this affidavit, which is not attacked by the petitioner herein as being insufficient, the order to show cause was duly and regularly made. The said Aage Rasmussen appeared at the hearing; witnesses were examined; a certified copy of the decree in the divorce action was offered in evidence. The court rendered its judgment, reciting therein the making of the order in the divorce action; the service of a copy of the same on Aage Rasmussen; demand by Nellie Rasmussen for compliance therewith; the refusal of the said Aage Rasmussen to comply with said demand; the fact that said Aage Rasmussen has in his possession sufficient cash money of the community property of the parties to deliver and pay said sum to said Nellie Rasmussen. The said Rasmussen was then found guilty of contempt as set forth in the affidavit, and he was ordered imprisoned in the county jail until such time as he obeyed the order of the court.