Legal Opinion

Ex parte Hall

Supreme Court of Arkansas

Decided October 2, 1916PublishedCited by 4 opinions

Certiorari to Garland Cbancery Court; Geo. P. Whittington, Special Chancellor; STATEMENT BY THE COURT. This is a proceeding to review the decree of the • cbancery court, committing J. H. Hall to prison for contempt in refusing to perform tbe decree of tbe court for tbe payment of alimony to bis divorced wife, Eliza V. Hall. • Tbe decree for divorce recites, “And it appearing to tbe court that the defendant in bis cross-complaint prays that a reasonable allowance be made for…

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Certiorari to Garland Cbancery Court; Geo. P. Whittington, Special Chancellor; STATEMENT BY THE COURT. This is a proceeding to review the decree of the • cbancery court, committing J. H. Hall to prison for contempt in refusing to perform tbe decree of tbe court for tbe payment of alimony to bis divorced wife, Eliza V. Hall. • Tbe decree for divorce recites, “And it appearing to tbe court that the defendant in bis cross-complaint prays that a reasonable allowance be made for tbe. maintenanee of the plaintiff, Eliza V. Hall, during her life; it is ordered, adjudged and decreed, etc. that said…

1Opinion of the CourtKirby, J.

(after stating the facts). The testimony is in conflict, but we are unable to say that the chancellor’s finding that petitioner had failed to perform the judgment of the court and was due the sum of $160.00 thereunder is clearly against the preponderance of the testimony.

Petitioner insists that so long as he was making a bona fide contention that he had paid the judgment of the court for alimony, supported by substantial testimony, that the chancellor was without authority to commit him for contempt. He knew the court’s order and judgment against him for the payment of alimony and that demand…

2Cases cited2 opinions

  1. Casteel v. CasteelSupreme Court of Arkansas · 1882
  2. Shirey v. HillSupreme Court of Arkansas · 1906

3Cited by4 opinions

  1. Clark v. ClarkTennessee Supreme Court · 1925
  2. Raszler v. RaszlerNorth Dakota Supreme Court · 1956
  3. Gould v. GouldSupreme Court of Arkansas · 1992
  4. Raszler v. RaszlerNorth Dakota Supreme Court · 1956

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