Sewell v. Butler

The appellant was found to be in contempt of court for failure to pay alimony and child support. The trial court determined the arrearage amounted to $716, and appellant was ordered to immediately pay $461 to purge himself of contempt.

The appellant failed to pay and was incarcerated. He then filed a petition for writ of habeas corpus. He alleged he was being unlawfully imprisoned in that he was unemployed and had no cash or assets with which to meet this obligation. After a hearing in which the appellant gave oral testimony, the court denied the writ. The trial judge found the appellant did…