In re Fanning
Supreme Court of Minnesota
Habeas Corpus and Certiorari, the writs issuing from this court January 2, 1889, returnable January 4th, and the facts being as follows: The petitioner, E. F. Fanning, sued his wife in the district court for Hennepin county, for divorce for cruelty. In her answer she sought a divorce on the same ground. In October, 1887, the petitioner was ordered to pay his wife alimony pendente lite, at a specified rate per week.
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Habeas Corpus and Certiorari, the writs issuing from this court January 2, 1889, returnable January 4th, and the facts being as follows: The petitioner, E. F. Fanning, sued his wife in the district court for Hennepin county, for divorce for cruelty. In her answer she sought a divorce on the same ground. In October, 1887, the petitioner was ordered to pay his wife alimony pendente lite, at a specified rate per week. On March 2, 1888, the court filed its decision that neither party was entitled to relief against the other. On December 22, 1888, in proceedings before Lochren, J., against…
1Opinion of the Court
By the Court.
In this case the order committing for contempt had a double aspect: First, it was in the nature of a remedy to the party to enforce payment of the alimony; second, it was also punitive, or merely in punishment of the offence of contempt. In the first aspect it was only for the private benefit of the party; in the second, only to assert and vindicate the authority of the court, and so far its purpose was public. So far as it was private or remedial, — that is, so far as it required payment of money to the other party, — its force and life fell with the entry of judgment of…
2Cited by16 opinions
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