State ex rel. Foster v. Superior Court of Yakima County, 26844.

• Decision Date: 30 December 1937
• Docket Number: 26844.
• Parties: STATE ex rel. FOSTER v. SUPERIOR COURT OF YAKIMA COUNTY et al.
• Court: Washington Supreme Court

74 P.2d 479

193 Wash. 99

STATE ex rel. FOSTER v. SUPERIOR COURT OF YAKIMA COUNTY et al.

No. 26844.

Supreme Court of Washington

December 30, 1937

Department 1.

Original prohibition proceeding by the State, on the relation of William E. Foster, against the Superior Court of Yakima County and the Honorable Dolph Barnett, Judge.

Writ granted.

Arthur Kirschenmann, of Wapato, and Charles F. Bolin, of Toppenish for plaintiff.

Clark &amp Grady, of Yakima, for respondent.

SIMPSON Justice.

This is an application for a writ of prohibition to restrain the Superior Court of Yakima County from proceeding to punish plaintiff for contempt of court because of his failure to make certain payments of money in accordance with the provisions of the interlocutory decree entered in the divorce action between himself and wife.

On April 3, 1937, Lydia M. Foster and plaintiff were divorced in the Superior Court of Yakima County. The interlocutory decree in that case, omitting the formal parts, recited:

'It is ordered, adjudged and decreed That there be and is hereby awarded to the plaintiff as her sole and separate property an undivided interest in and to all of the separate property of the defendant, real and personal or mixed, and wherever the same may be situated, and particularly.

'The South half of the Southwest quarter of Section 14, Township 9, North, Range 21 E.W.M., in Yakima County, Washington, being known as Allotment No. 2316, and the dwelling house, building and apprutenances thereunto belonging, and

'20 head of registered Short Horn heifers, 2 Registered Short Horn bulls, and 20 head of yearling steers, the latter of which are branded 'ID', 'awarded to the defendant by the United States Government and the increase thereof and replacements and substitutions therefor; also an undivided one-third interest in and to all property acquired by the plaintiff and defendant during their marriage, together with all increases of and additions to or replacements thereof, consisting of the farm machinery and equipment, horses, cattle and sheep and the hay raised upon said real estate during 1936 consisting of approximately 350 tons, and such other and further crops of hay and other produce as may hereafter be grown upon said property to the extent in the amount of $6,000.00 in market value of any or all of such property, which undivided interest shall be extinguished and the defendant be and he is hereby ordered and directed to do so by paying to the plaintiff the sum of $6,000.00 in the following manner:

'There shall be paid to the plaintiff the sum of $250.00 forthwith upon the service upon him of a copy of this order, and sum of $750.00 shall be paid to her on or Before June 1st, 1937. The sum of $1000.00 shall be paid on or Before November 1, 1937, $1000.00 on or Before April 1, 1938, $1000.00 on or Before November 1, 1938, $1000.00 on or Before the April first, 1939, and $1000.00 on or Before November 1, 1939, and any of said installments not so paid by said times shall bear interest at the rate of 6% per annum from the due date thereof until paid, and to secure the payment thereof the plaintiff is hereby awarded and given an equitable lien upon all of the property of the defendant, real, personal and mixed of every kind and character and wherever the same may be situated which may be foreclosed in the manner provided by law, as in the case of a chattel mortgage in the event said payments are not made at the time and in the manner herein provided.

'It is further ordered, adjudged and decreed That the court shall and does hereby reserve jurisdiction over this cause and the parties hereto and of the property referred to herein for the making and entry of such other and further orders as to the court may seem proper and for the purpose of so modifying this decree as to award and set over specific property to the plaintiff in lieu of any of the money payments herein directed to be made and to require the delivery of such other property by defendant to the plaintiff or to order any property which the defendant may now have or which he may subsequently acquire any interest in to be sold in satisfaction of the award made to plaintiff, whether the same be due and payable according to the terms hereof or not and to require the defendant or a commissioner appointed by the court from time to time to execute and deliver to the

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