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113 Cal. 282

In re White

California Supreme Court

Decided June 16, 1896

California Supreme Court · decided 1896-06-16

Hearing in the Supreme Court upon writ of habeas corpus to the sheriff of the City and County - of San Francisco to review a commitment for contempt by the Superior Court of said city and county. J. B. C. Heb-bard, Judge. The facts are stated in the opinion of the court.

Cited by 1 later decisions — most recently February 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1896-06-16

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The Court.

¶1Petitioner was adjudged guilty of contempt in disobeying and violating the injunction of the court made pendente lite in the action of divorce, entitled George E. White v. Frankie White.

¶2The injunction restrained petitioner from alienating his separate property. The only jurisdictional question involved turns upon the power of the court to issue such *283an injunction in a divorce proceeding pending the litigation. We entertain no doubt that in a proper case, and upon a proper showing, this may be done. (High on Injunctions, secs. 1393-95; Bishop on Marriage and Divorce, secs. 1106,1107, and notes where cases are collated.) Whether or not the injunction in this case was warranted by the circumstances, or was an abuse of the discretion of the trial judge, is a question which cannot be considered in this proceeding. The restraining order being within the jurisdiction of the court to make, it follows that the prisoner must be remanded.

¶3Writ discharged and prisoner remanded.

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