Barnaby v. Barnaby
| Decision Date | 06 September 1939 |
| Docket Number | No. 13.,13. |
| Citation | 287 N.W. 535,290 Mich. 335 |
| Parties | BARNABY v. BARNABY (LUMLEY). |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Suit for divorce by Milton Wayne Barnaby against Mona Belle Barnaby (Lumley), wherein the plaintiff obtained a decree of divorce and custody of a son of the parties was awarded to the defendant, and wherein the plaintiff was required to pay a certain sum weekly for the care, support, and education of the child. From an order thereafter awarding custody of the child to the plaintiff, and refusing to enter a contempt order as sought by the defendant, the defendant appeals.
Order affirmed.
Appeal from Circuit Court, Kent County; William B. Brown, judge.
Argued before the Entire Bench.
Vandeveer, Vandeveer & Haggerty, of Detroit, for appellant.
Horace T. Barnaby, of Grand Rapids, for appellee.
In 1925, plaintiff, Milton Wayne Barnaby, was granted a decree of divorce from defendant and the custody of the two-year-old son was awarded to defendant, with the provision that she should have the care of the child until he reached the age of 16 years, or until the further order of the court. Plaintiff was required to pay to the clerk of the court the sum of $5 per week for the care, support and education of the child, and was permitted the right to see and visit the child at all reasonable times and at least once a week.
For many years, plaintiff dutifully made the required payments. As the child grew older, plaintiff attempted to see him, and at first was fairly successful. However, defendant had placed the child with her parents for extended periods, and as time went on it became more difficult for plaintiff to visit the boy. Frequent excuses were made that the child was ill or that company was coming or that the family would be away. Plaintiff finally went to the circuit judge who had entered the decree, and complained that he was not able to see the child. The court called the parties and grandparents in for consultation and told them that unless they permitted the plaintiff to see his son, he would not be obliged to make the payments required in the decree. The same difficulties continued, however, and the court late amended the decree to permit the plaintiff to have the child with him on certain weekends; but such conditions were likewise avoided by the same subterfuges and excuses as before, in spite of the repeated statements by the court to the parties that plaintiff would not be held to make the payments unless he were permitted to see the child. As a result of the conduct of defendant, plaintiff discontinued making his weekly payments.
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Sword v. Sword
...facts it is largely anticipatory.' The 'issuance of an order of contempt rests in the sound discretion of the court'. Barnaby v. Barnaby, 290 Mich. 335, 287 N.W. 535 (1939). The Court of Appeals decision is consistent with VanDommelen in its finding that the trial court 'must consider wheth......
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Hardy v. Hardy, B-197
...why he should not be adjudged in contempt for his failure to make required payments. 27 [B] C.J.S. Divorce § 321; Barnaby v. Barnaby, 290 Mich. 335, 287 N.W. 535; Tillinghast v. Clay, 152 Ga. 816, 111 S.E. 384; 17 Am.Jur. 516, par. '(3) In light of the authorities cited, it is our view and ......
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People in the Interest of Murley, In re, 16554
...for in the agreement between the parties or have been adopted in a subsequent decree of divorce.' 17 Am.Jur. 536, § 705. Barnaby v. Barnaby, 290 Mich. 335, 287 N.W. 535; Craig v. Craig, 157 Fla. 710, 26 So.2d 881; Annotation 172 A.L.R. Although intention is not necessary to constitute conte......
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Sonenfeld v. Sonenfeld, 22
... ... 578, 14 N.W.2d 504.] See also Barnaby v. Barnaby, 290 Mich. 335, 287 N.W. 535 ... The husband testified at the hearing on the order to show cause that he is now without ... ...