Boden v. McCoy

STEWART, Chief Justice.

This is an original action whereby petitioner, Phillip T. Boden, seeks to prohibit the enforcement of an order which committed him to imprisonment for failure to pay arrears on an allowance awa;rded his wife i.n a divorce action.

The pertinent facts are that at a hearing on September 9, 1953, after due notice and at a time when Boden and his attorney were present in court, Boden was ordered to pay his wife the sum of $225 per month pendente lite, beginning August 29, 1953. Thereafter Boden made no payments and on November 20, 1954, he was ruled to appear before the Hart…