Ex Parte Kollenborn

This is an original habeas corpus proceeding. The brief of the relator, Byron G. Kollenborn, presents the one point that the evidence shows inability to comply with the order sought to be enforced.

Relator filed in the Juvenile Court of Dallas County suit against his wife, Kay Kollenborn, for divorce and for custody of two children born to their marriage. On November 26, 1953, the court heard and overruled relator’s motion for temporary custody of the children, and directed relator to pay the wife temporary alimony of $400.00 per month. The relator made payments of $400.00 each in December and…