In re Phillips
Nevada Supreme Court
Original proceeding. Application by Pliny H. Phillips for writ of habeas corpus. The alimony in the judgment is enforceable by execution. It is nothing but a debt. The decree is a judgment at law; it cannot be enforced by contempt. The orders of the lower court are void. The alimony order becomes a debt enforceable by execution. Not being founded on fraud or libel, the debt cannot be enforced by imprisonment.
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Original proceeding. Application by Pliny H. Phillips for writ of habeas corpus. The alimony in the judgment is enforceable by execution. It is nothing but a debt. The decree is a judgment at law; it cannot be enforced by contempt. The orders of the lower court are void. The alimony order becomes a debt enforceable by execution. Not being founded on fraud or libel, the debt cannot be enforced by imprisonment. An action at law can be had on the judgment, execution can be issued upon it, and it can be filed as a claim in probate proceedings. It is therefore a debt; no method of reasoning can…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an'original proceeding in habeas corpus.
On September 17, 1913, Ruth Phillips obtained a decree of divorce from the petitioner, and in said decree the court ordered and directed that the petitioner (the defendant in the divorce action) pay to the plaintiff as alimony a fixed sum on the 15th day of each month. On or about the 19th day of November, 1918, contempt proceedings were instituted in the court in which the divorce had been granted, on account of the failure of the petitioner to comply with the decree awarding alimony. A hearing was had in that…
2Cases cited7 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Sweeney v. SweeneyNevada Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Stanhope v. PrattSupreme Court of Missouri · 1976
- Yeager v. YeagerMissouri Court of Appeals · 1981
- Villa v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1933
- In Re the Marriage of LengerSupreme Court of Iowa · 1983
- In the Interest of Watson v. GivensDelaware Family Court · 1999
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