Legal Opinion

Welborn v. Mize

Court of Appeals of Georgia

Decided February 13, 1963No. 39862PublishedCited by 10 opinions

1Opinion of the Court

Bell, Judge.

This appears to be an action for criminal contempt. Criminal contempt is that which involves some disrespectful or contumacious conduct toward the court. Davis v. Davis, 138 Ga. 8 (1b) (74 SE 830). Where the petitioner prays that the defendant be adjudged in contempt in order to obtain some remedial relief, the contempt is civil, not criminal. Cobb v. Black, 34 Ga. 162. Cf. Howard v. Durand, 36 Ga. 346 (91 AD 767), and Carson v. Ennis, 146 Ga. 726 (92 SE 221, LRA 1917E 650). There is no remedial relief sought in this action. The prayer merely seeks the punishment of the alleged…

2Cases cited9 opinions

  1. Davis v. DavisSupreme Court of Georgia · 1912
  2. Carson v. EnnisSupreme Court of Georgia · 1917
  3. Cobb v. BlackSupreme Court of Georgia · 1865
  4. Howard v. DurandSupreme Court of Georgia · 1867
  5. City of MacOn v. MasseySupreme Court of Georgia · 1958

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Farmer v. HoltonCourt of Appeals of Georgia · 1978
  2. In Re HenritzeCourt of Appeals of Georgia · 1987
  3. Hill v. BartlettCourt of Appeals of Georgia · 1971
  4. In Re HayesCourt of Appeals of Georgia · 1988
  5. In re NorrisCourt of Appeals of Georgia · 1980

5 more not listed; retrieve them via the Exa API.

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