Ex Parte Boniface

ROBERTSON, Justice.

This is an original habeas corpus proceeding by which Edwin C. Boniface seeks his release from custody of the sheriff of Bell County for failure to make Civil Service retirement benefit payments to his ex-wife. The sole question here is whether the district court had jurisdiction to conduct a contempt proceeding during the pendency of the appeal. We hold that the district court was without jurisdiction; therefore, the contempt order committing Boniface to jail is void.

On May 26, 1982 the 169th District Court of Bell County entered a final judgment directing Boniface to make…