Boyett v. Boyett

Duckworth, Justice.

“Where on application to be released from jail on a contempt charge the uncontradicted evidence shows the inability of applicant to comply with the order of court, it is an abuse of discretion to deny the prayers of the petition.” Poole v. Wright, 188 Ga. 255 (3) (3 S. E. 2d, 731). We think, on a test of whether or not the husband in the present case was in contempt of court, his ability to obey the order should be measured by the language of the above quotation, to wit, “inability of applicant to comply with the order of court;” and that his ability depends not alone upon…