Hoffman v. Hoffman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Henry Hoffman against Ellen Marie Hoffman. From a judgment finding plaintiff guilty of contempt and providing for his punishment, he appeals. Imprisonment does not follow in civil contempt unless it is found by the court that the party has the ability to comply with the order of the court.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Henry Hoffman against Ellen Marie Hoffman. From a judgment finding plaintiff guilty of contempt and providing for his punishment, he appeals. Imprisonment does not follow in civil contempt unless it is found by the court that the party has the ability to comply with the order of the court. Steller v. Steller, 25 Mich. 159; Lewis v. Lewis, 80 Ga. 706; Carlton v. Carlton, 44 Ga. 216; Pain v. Pain, 80 N. C. 322; Blake v. People, 80 111. 11; Ex parta Cottorell, 59 Cal. 417; Ex parta Todd, 50 Pac. 1071; Newhouse v.…
1Opinion of the CourtWhiting, P. J.
This is an appeal from the judgment of the circuit court adjudging the appellant guilty of contempt of *35said court, and which judgment provided for his punishment by-imprisonment. The action out of which this matter arose was one brought for divorce, in which said action the appellant was plaintiff. In said action the court, upon proper notice, had entered an order requiring this appellant to pay certain sums by way of temporary alimony, suit money, and attorney’s fees, and the appellant, having neglected to make the payments as ordered, was brought to the court upon an order to show cause,…
2Cases cited4 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- People ex rel. Field v. TurnerCalifornia Supreme Court · 1850
- Ex parte HenshawCalifornia Supreme Court · 1887
- State v. . MottSupreme Court of North Carolina · 1857
3Cited by20 opinions
- State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
- State Ex Rel. Dunn v. PleseWashington Supreme Court · 1925
- Hillyard v. District Court of Cache CountyUtah Supreme Court · 1926
- Hanisch v. HanischSouth Dakota Supreme Court · 1979
- Krueger v. KruegerSouth Dakota Supreme Court · 1913
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