In re Purmel

California Court of Appeal Mar 3, 1931 No. Crim. No. 1623Published

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Holding. The court denied a petition for habeas corpus, finding that the record sufficiently established the petitioner's ability to pay the court-ordered sums in a divorce action.

Issues

Whether the contempt adjudication was invalid due to a lack of testimony regarding the petitioner's ability to comply with the court order.

Disposition. Denied

Quotations verified verbatim against the opinion

“It appears from the affidavit upon which the citation was based and also the order adjudging petitioner guilty of contempt, that he had the ability to pay but failed to do so.”

THE COURT. Application for writ of habeas corpus. The record shows that petitioner was ordered to pay certain sums of money in a divorce action. Having failed to comply with the order, he was commanded to show cause why he should not be punished for contempt. On the hearing he was adjudged guilty. It is here claimed that no testimony was taken as to the ability of petitioner to comply with the order. There is no merit in the contention. It appears from the affidavit upon which the citation was based and also the order adjudging petitioner guilty of contempt, that he had the ability to pay but failed to do so.

The petition is denied.

In re Purmel

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