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FRESE v. SUPERIOR COURT IN & FOR COUNTY OF MARICOPA

No. 1 CA-CIV 1437.

13 Ariz. App. 64 (1970)

474 P.2d 71

Jack M. FRESE, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Irwin Cantor, Judge, and Maxine F. Frese, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 1, Department A.

September 10, 1970.

Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, by James B. Rolle, III, Phoenix, for petitioner.

Evans, Kitchel & Jenckes, by Roger H. Broach, Phoenix, for respondents.

JACOBSON, Judge.

This special action requires us to determine whether the Superior Court of Maricopa County when exercising its contempt power violated the Arizona Constitutional provision prohibiting imprisonment for debt.

On February 26, 1969, petitioner Jack M. Frese was granted a decree of divorce from real party in interest, Maxine F. Frese, in the Superior Court of Maricopa County. This decree of divorce, insofar as pertinent here, provided:

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