Ex parte O'Brien (1897) · DecisionDepot

Ex parte O'Brien

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Mar 5, 1897 No. Crim. No. 255Published

Before: Beatty

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Holding. The court held that the superior court's amended decree, which reserved the question of alimony, was conclusive and rendered the subsequent alimony award valid. Consequently, the court did not exceed its jurisdiction in imprisoning the petitioner for failing to pay the decreed alimony.

Issues

Whether the superior court's amended decree was conclusive regarding the reservation of alimony.
Whether the court exceeded its jurisdiction in imprisoning the petitioner for failure to pay alimony.

Disposition. remanded

Quotations verified verbatim against the opinion

“the order of the superior court amending the original decree in the case of O’Brien v. O’Brien is conclusive upon me, and the decree as amended shows that the question of alimony was reserved.”

“the subsequent order or supplemental decree awarding alimony is not void, and the court did not exceed its jurisdiction in imprisoning the petitioner for his refusal to pay the sums decreed to be paid.”

Synopsis

Divorce—Subsequent Order for Alimony.—Where, on rendering a decree of divorce, the question of alimony is reserved, a subsequent order awarding alimony is not void.

BEATTY, C. J. In this proceeding the order of the superior court amending the original decree in the case of O’Brien v. O’Brien is conclusive upon me, and the decree as amended shows that the question of alimony was reserved. This being so, the subsequent order or supplemental decree awarding alimony is not void, and the court did not exceed its jurisdiction in imprisoning the petitioner for his refusal to pay the sums decreed to be paid. The prisoner is remanded.

Ex parte O'Brien

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