Ex parte Caple
Supreme Court of Arkansas
Certiorari to Sebastian Circuit Court; Daniel Hon, Judge; The chancery court was without power to order the petitioner into custody until after there bad been an adjudication that he had wilfully disobeyed the valid orders of the court.
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Certiorari to Sebastian Circuit Court; Daniel Hon, Judge; The chancery court was without power to order the petitioner into custody until after there bad been an adjudication that he had wilfully disobeyed the valid orders of the court. While the court had the jurisdiction to make the order requiring the payment of the sums of money named in the order, and to require of petitioner the execution of a bond to that end, yet he was entitled to a reasonable time in which to make the bond, and, upon failure therein, should have had an opportunity to show cause why he had not obeyed the order. The…
1Opinion of the Court
R,iddick, -J.
The facts in this case are that Pearl Caple brought an action for divorce against her husband, John Caple, and afterwards filed a petition for maintenance, temporary alimony and allowance of attorney’s fees.
On the hearing of this petition the following order was made: “Come the parties, and, the petition for temporary alimony being heard upon evidence, the court orders the defendant to pay to the clerk for the benefit of the plaintiff $20 per month, beginning with the 15th day of December, 1906, and to pay $25, her attorney’s fee, within 60 days, and $5 for her cost, and the…
2Cases cited3 opinions
- Ex parte RobinsonCalifornia Supreme Court · 1887
- Harper v. RookerIllinois Supreme Court · 1869
- Potts v. PottsMichigan Supreme Court · 1888
3Cited by13 opinions
- Ex parte CoulterSupreme Court of Arkansas · 1923
- Land v. StateSupreme Court of Arkansas · 1907
- Griffith v. GriffithSupreme Court of Arkansas · 1955
- East v. EastSupreme Court of Arkansas · 1921
- Ex parte JohnstonSupreme Court of Arkansas · 1952
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