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

  1. Brinkley v. . BrinkleyNew York Court of Appeals · 1871
  2. In Re EskayCourt of Appeals for the Third Circuit · 1941
  3. Smith v. SmithWest Virginia Supreme Court · 1918
  4. Cherry v. CherryMassachusetts Supreme Judicial Court · 1925
  5. Pickert v. RuggNorth Dakota Supreme Court · 1890

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API