Mote v. Mote

Mobley, Justice.

An order or judgment that merely declares the rights of the parties, without any express command or prohibition, is not one which may be the basis of contempt proceedings. Brown v. Smith, 150 Ga. 111 (102 S. E. 813); Hammock v. Hammock, 209 Ga. 751 (76 S. E. 2d 15); 12 Am. Jur. 406, § 24. Accordingly, where a petition filed by the defendant in error, seeking an attachment for contempt against the plaintiff in error (the father), alleges: that the parties were divorced in February, 1956; that a decree of custody as to their minor child was entered, which provided in part as…