Eskew v. Eskew

Atkinson, Presiding Justice.

1. In the contempt proceeding based on failure to pay permanent alimony as provided in a decree based on a consent verdict, there was no exception to the ruling of the judge that on the admissions of the defendant’s attorney in open court the burden of proof as to the defense pleaded was on the defendant.

2. The pleadings and evidence and assignment of error did not raise a contention, mentioned for the first time in the brief for the plaintiff in error, that respondent had all of October, 1940, in which to pay alimony for that month, and consequently he could not…