Brown, &C., v. Brown, &C.
| Decision Date | 30 January 1895 |
| Citation | 96 Ky. 505 |
| Parties | Brown, &c., v. Brown, &c. |
| Court | Kentucky Court of Appeals |
APPEAL FROM CALDWELL CIRCUIT COURT.
WM. MARBLE AND BLUE & BLUE FOR APPELLANTS.
F. W. DARBY FOR APPELLEES.
JUDGE HAZELRIGG DELIVERED THE OPINION OF THE COURT.
After a protracted litigation the appellants succeeded in obtaining a judgment in the court below against the appellees for some four thousand dollars, which was ordered by the chancellor to be paid to his master commissioner on or before a date named in the order.Failing to comply with the order, attachments for contempt were granted, and written responses filed by each recreant, showing that the sole reason why the money had not been paid was because of financial inability so to do.Upon proof heard in open court the learned judge below was of opinion that the delinquents were, in fact, unable to comply with the order, and discharged the attachments against their persons.From this order of discharge this appeal is prosecuted.
The exercise of the power to punish for contempt is not generally subject to revision; but judgments and sentences for civil contempts especially have...
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Roper v. Roper
... ... benefit or advantage the decree has been rendered is ... reviewable by this court. Brown" v. Brown, 96 Ky ... 505, 29 S.W. 318, 16 Ky. Law Rep. 610; Sebastian v. Rose, ... \xC2" ... It is not ... an imprisonment for debt, strictly speaking. 19 C.J. 301 ... Failure to comply with a decree is prima facie evidence of ... contempt; hence the ... ...
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Rebham v. Fuhrman
...of the power of punishing for contempt will be reviewed by this court to the extent of seeing that the order is legal. Brown v. Brown, 96 Ky. 505, 20 S.W. 318. Judgment [1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter. --------- ...
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Rebhan v. Fuhrman
...exercise of the power of punishing for contempt will be reviewed by this court to the extent of seeing that the order is legal. (Brown v. Brown, 96 Ky. 505.) Judgment ...