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31 Cal. App. 378

160 P 684

Machado v. Machado

California Court of Appeal

Decided September 12, 1916

California Court of Appeal · decided 1916-09-12

<p>APPEAL from an order of the Superior Court of Santa Clara County made after judgment directing the clerk to issue execution. J. R. Welch, Judge.</p> <p>The facts are stated in the opinion of the court.</p>

Decided 1916-09-12

THE COURT.

¶1Upon the petition of the plaintiff the court below granted a writ of mandate addressed to the clerk of the court, commanding him to issue a writ of execution to enforce an order for the payment of alimony pendente lite. It appears, however, that before the issuance of the writ of mandate the order granting alimony had been revoked, and that the petitioner was not entitled to the amounts for the enforcement of payment of which the execution was issued. Under these circumstances there is nothing for this court to do but to reverse the order appealed from, and that will be the judgment of the court.

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