Legal Opinion · Dissent
Bailey v. Bailey
West Virginia Supreme Court
Decided July 10, 1945No. 9635Published
1Dissent
Lovins, PresideNT,
dissenting:'
I respectfully dissent from that part of the majority opinion which holds that the order entered by the trial chancellor was an order for the payment of money only, a departure from the rule in contempt theretofore issued, and is therefore appealable.
The pertinent parts of the order from which this appeal was taken are as follows:
“And it further appearing to the court that the defendant, on March 2, 1943, was in [d]efault in the sum of $780.00 in his payments of alimony and maintenance money to the plaintiff under said decree of September 13, 1943 [1937] and the…
2Cases cited8 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- In Re EskayCourt of Appeals for the Third Circuit · 1941
- Smith v. SmithWest Virginia Supreme Court · 1918
- Cherry v. CherryMassachusetts Supreme Judicial Court · 1925
- Pickert v. RuggNorth Dakota Supreme Court · 1890
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