Branch v. Branch

Duckworth, Chief Justice.

A citation for contempt for nonpayment of permanent alimony was set down for trial before a jury upon the filing of an answer by the respondent admitting the nonpayment but alleging that the former wife had become the common law wife of another and under their agreement which was made a part of the final decree of divorce and alimony the payments were "to cease upon her remarriage.” However, a motion was made that the issue was one to be heard by the court alone and not a jury, and after a hearing of argument thereon, the court set a hearing of the matter before the…