Lewis v. Theodoro

1. The respondent in contempt proceedings is not entitled to a trial by jury except where a jury trial is expressly provided for by statute, and the trial court in the instant case did not err in refusing to submit the issues of fact to a jury. Civil Code (1910), § 4643; Kingsbery v. Ryan, 92 Ga. 108 (17 S. E. 689); Lee v. Lee, 97 Ga. 736 (25 S. E. 174); Briesnick v. Briesnick, 100 Ga. 57 (3) (28 S. E. 154); Davis v. Davis, 138 Ga. 8 (74 S. E. 830).

2. The right to be heard is a substantial one, even in a contempt proceeding, and where, as in the instant case, the trial court strikes the sworn…