Clements v. Tillman
Supreme Court of Georgia
Equity. Attachment for Contempt. Decrees. ■ Executions.. Constitutional Law. Before Judge Smith. Muscogee Superior Court. May Term, 1887. Hattie E. Tillman, a legatee under the will of Jacob A. Clements, deceased, with her husband and trusteé, William L. Tillman, filed their bill for account and settlement against John W. Clements, executor, and Sarah B. Clements, executrix, of said will.
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Equity. Attachment for Contempt. Decrees. ■ Executions.. Constitutional Law. Before Judge Smith. Muscogee Superior Court. May Term, 1887. Hattie E. Tillman, a legatee under the will of Jacob A. Clements, deceased, with her husband and trusteé, William L. Tillman, filed their bill for account and settlement against John W. Clements, executor, and Sarah B. Clements, executrix, of said will. The bill contained charges of mismanagement of the estate, violations of the provisions of said will, and non-payment by the executors of the interest of complainant as legatee. The defendants answered the…
1Opinion of the Court
Kibbee, Judge,
(after stating the above facts.,
Originally, in the absence of statutes providing otherwise, decrees of courts of equity, of whatever kind or nature, operated strictly and exclusively in personam. The only remedy for their enforcement was by what is termed process of contempt, under which the party failing to obey them was arrested and imprisoned until he yielded obedience, or purged the contempt by showing that disobedience was not wilful, but the result of inability not produced by his own fault or contumacy. The writ of assistance to deliver possession, and even the…
2Cases cited2 opinions
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Carlton v. CarltonSupreme Court of Georgia · 1871
3Cited by16 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- White v. WhiteMassachusetts Supreme Judicial Court · 1919
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- In re Van AlstineWashington Supreme Court · 1899
- Ex Parte FullerSupreme Court of Missouri · 1932
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