Staples v. Staples
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. Contempt proceedings. On March 25,1892, plaintiff obtained a judgment of divorce a vinculo against the defendant.
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APPEAL from the Circuit Court for Juneau County. Contempt proceedings. On March 25,1892, plaintiff obtained a judgment of divorce a vinculo against the defendant. By the .judgment the plaintiff was awarded the custody of an infant child, and the title of certain real estate of the defendant was transferred to the plaintiff; and •defendant was adjudged to pay plaintiff, as alimony, $150 annually, in equal quarterly instalments, also the sum of $32, temporary alimony, which had been ordered pendente lite, but had not been paid. The defendant paid none of the sums, and in September, 1893, upon…
1Opinion of the CourtWinslow, J.
The broad ground is taken by the appellant that the court has no power to enforce, by contempt proceedings, payment of permanent alimony ordered to be paid by a final judgment of divorce. His premises are: First. A judgment for alimony may be enforced by execution. Sec. 2367, R. S. Second. Contempt proceedings for the nonpayment of money are' only authorized where execution cannot be awarded. Subd. 3, sec. 3477, R. S. Hence, *595in the present case, tbe judgment for alimony being capable of enforcement by execution, contempt proceedings will not lie.
Were tbe judgment here a judgment for a gross…
2Cases cited3 opinions
- Park v. . ParkNew York Court of Appeals · 1880
- Lansing v. LansingNew York Supreme Court · 1871
- Keyes v. ScanlanWisconsin Supreme Court · 1885
3Cited by23 opinions
- Balaam v. BalaamWisconsin Supreme Court · 1971
- Anderson v. AndersonWisconsin Supreme Court · 1976
- Cain v. MillerNebraska Supreme Court · 1922
- Fowler v. FowlerSupreme Court of Oklahoma · 1916
- O'Connor v. O'ConnorWisconsin Supreme Court · 1970
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