Wright v. Wright
Supreme Court of Connecticut
Petition for an order and decree adjudging the defendant to be in contempt of court in wilfully refusing to pay instalments of alimony theretofore awarded to the plaintiff in an action of divorce, brought to and tried by the Superior Court in Hartford County, Burpee, J., upon a demurrer to the defendant’s answer; the court sustained the demurrer, adjudged the defendant to be in contempt, and committed him to jail, and from this judgment he appealed.
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Petition for an order and decree adjudging the defendant to be in contempt of court in wilfully refusing to pay instalments of alimony theretofore awarded to the plaintiff in an action of divorce, brought to and tried by the Superior Court in Hartford County, Burpee, J., upon a demurrer to the defendant’s answer; the court sustained the demurrer, adjudged the defendant to be in contempt, and committed him to jail, and from this judgment he appealed. The petition alleges that on January 4th, 1918, the plaintiff obtained a decree of divorce from the defendant whereby it was adjudged that the…
1Opinion of the CourtBeach, J.
The question is whether alimony in the hands of the husband is subject to garnishment (a) in an action brought against the divorced wife by the husband himself ; (b) in an action brought against her by a third party.
The first branch of the question is answered by the mere statement of it. The decree, until reversed, “must be obeyed, or the party must purge himself of contempt by showing his inability to pay it, and that the inability is not occasioned by his own act for the purpose of avoiding payment.” Ex parte Spencer, 83 Cal. 460, 465, 23 Pac. 395; Schuele v. Schuele, 57 Ill. App. 189.…
2Cases cited12 opinions
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Ex parte SpencerCalifornia Supreme Court · 1890
- Lyon v. LyonSupreme Court of Connecticut · 1851
- Barclay v. BarclayIllinois Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Keck v. KeckCalifornia Supreme Court · 1933
- German v. GermanSupreme Court of Connecticut · 1936
- Cary v. CarySupreme Court of Connecticut · 1930
- Christiano v. ChristianoSupreme Court of Connecticut · 1945
- Baker v. BakerSupreme Court of Connecticut · 1974
19 more not listed; retrieve them via the Exa API.