Hendershot v. Handlan

My dissent goes to the majority’s sanctioning of the use of an attachment for arrest in this case. I concur in the final result since the trial court ultimately placed the contempt on a correct procedural footing.

I

While the majority correctly states the rule of a non-party’s liability for contempt in the first syllabus, I do not believe that on the record in this case there was a sufficient factual showing to warrant the issuance of an arrest attachment.

The majority acknowledges the contemnor, James B. Hendershot, Sr., was not a party to the original divorce action, which was between his son…