Brown v. Brown
Court of Appeals of Kentucky
Casis 82 — ATTACHMENT FOB CONTEMPT — APPEAL PROM CALDWELL CIRCUIT COURT. The judgment complained of is a final order or its equivalent, and, therefore, the appeal lies. This is not a case of contempt. (1 Am. & Eng. Enc. of Law, pp. 617, 618; Banton v. Campbell, 2 Dana, 422; Apple-gate v. Applegate, 4 Met, 236.) No appeal lies from the action of the court sought to he revised, it being a mere proceeding for contempt.
1Opinion of the Court
•JUDGE HAZELRIGG
delivered the opinion of the court.
After a protracted litigation the appellants succeeded in obtaining a judgment in the court below against the appellees for some four thousand dollars, which was ordered by the chancellor to be paid to his master commissioner on or before a date named in the order. Failing to comply with the order, attachments for contempt were granted, and written responses filed by each recusant, showing that the sole reason why the money had not been paid was because of financial inability so to do. Upon proof heard in open court the learned judge below…
2Cited by4 opinions
- Roper v. RoperCourt of Appeals of Kentucky (pre-1976) · 1932
- Adams v. GardnerCourt of Appeals of Kentucky · 1917
- Gibson v. RogersCourt of Appeals of Kentucky (pre-1976) · 1937
- Rebhan v. FuhrmanCourt of Appeals of Kentucky · 1899