155 Minn. 263 | Minn. | 1923
In the divorce action of Adele I). Hinrichs against H. A. Hin-richs, relator herein, pending in the district court of Hennepin county, plaintiff duly recovered on October 2, 1922, a judgment annulling the marriage between the parties, with an allowance of alimony and suit money in the following language:
“It is further adjudged and decreed that defendant pay to plaintiff as permanent alimony, the sum of forty dollars per month on or before the 10th day of each month, * * * commencing November 1st, 1922. That defendant pay to plaintiff the sum of seventy five dollars as and for an allowance for attorneys fees and suit money in this action.”
It is contended in support of the appeal: (1) That the affidavit initiating the contempt proceedings is insufficient; (2) that the court below was without jurisdiction to adjudge relator guilty of contempt except upon evidence of witnesses produced and heard in> court; (3) that the court erred in holding that the judgment in the divorce action which relator was accused of violating required him to do any act or thing; and (4) that it was error to sentence relator to the workhouse.
In respect to the contentions so made it may be said, without going into an extended discussion of the points, that habeas corpus does not reach questions of the sufficiency of the evidence to sustain the conviction of the relator, of which complaint is here made, nor errors and defects of a procedural nature. Questions of that character can only be reviewed by appeal, or certiorari where an appeal is not available. The sole inquiry on habeas corpus is whether the court, whose order of restraint is complained of, had jurisdiction of the subject matter of the action or proceeding and authority therein to make the particular order, and jurisdiction of the person proceeded against. If those inquiries be answered in the affirmative
In the case at bar the court had jurisdiction of the divorce action and authority to award alimony to the wife therein. The court also had jurisdiction of the contempt proceeding with authority to punish defendant in the action for his failure and refusal to comply with the judgment by the payment of the alimony and suit money as there ordered and directed. The order to show cause in that proceeding was personally served upon relator. The order of commitment, being fair on its face, is not open to collateral attack. State v. McDonald, 112 Minn. 428, 128 N. W. 454. The proceeding here involved took the form of a criminal contempt, in vindication of the authority of the court. State v. Searles, 141 Minn. 267, 170 N. W. 198; State v. Willis, 61 Minn. 120, 63 N. W. 169. And the sentence of relator to the workhouse was authorized by G-. S. 1913, § 8494. The affidavit initiating the proceeding stated facts vesting the court with jurisdiction. And, since the record is fair on its face, the writ must be discharged and relator remanded to the custody of respondent.
A writ of certiorari in review of the order of contempt sued out in connection with the appeal in the habeas corpus matter presents no reasons justifying a reversal of the order. The writ cannot be used in aid of the habeas corpus proceeding, as ancillary thereto or otherwise, to bring before the court in that proceeding errors and defects reviewable on appeal or certiorari. The rule adopted in the case of In re Snell, 31 Minn. 110, 16 N. W. 692, followed in other like cases, does not apply, for in such case the writ of certiorari is limited to the purpose of bringing up matters of record obtainable in aid of the habeas corpus proceeding in no other
Tbe order of contempt must therefore be affirmed. The writ of habeas corpus is in all things discharged and relator remanded to custody.