Smoot v. Dingess

Neely, Justice:

This is an appeal from the denial of a writ of habeas corpus in the Circuit Court of Logan County by J. Ned Grubb sitting by designation as special judge. Clarence Smoot, the appellant here and petitioner below challenged his incarceration in the Logan County Jail for civil contempt because of his failure to pay alimony to his wife.

Petitioner was convicted of contempt by Special Judge John Esposito, who presided over this domestic relations case by stipulation entered into by counsel for the parties in 1972. It appears that the petitioner had been delinquent for some time in…