In Re O’connell

75 Cal.App. 292 (1925)

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Nature of the Case

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Facts

H was involved in a divorce proceeding. On June 2, 1923, H got an interlocutory judgment of divorce from W whereby the property in question was assigned to him as his sole and separate property. The interlocutory judgment was eventually annulled in June 1925 based on extrinsic fraud, a fraud that was collateral to the issues in the case. W then applied for and was granted a writ of injunction from H’s entering or living in the house during the pendency of the action. H appealed that injunction and filed a stay bond but was nonetheless adjudged guilty of contempt for having continued to live in the house in violation of the injunction. Technically the decree entered in the equity suit until declared void or reversed on appeal, and that rendered the interlocutory judgment in the divorce proceedings nugatory. The operation of the equity decree was not stayed by the appeal therefrom so as to revive the interlocutory judgment or any rights thereunder. P then filed a writ of habeas corpus on his judgment of contempt for living in the house.