Brown v. Brown
| Decision Date | 15 May 1914 |
| Docket Number | 748 |
| Citation | 22 Wyo. 316,140 P. 829 |
| Parties | BROWN v. BROWN |
| Court | Wyoming Supreme Court |
ERROR to the District Court, Sheridan County; HON. CARROLL H PARMELEE, Judge.
The action was brought by Ethel Brown against Robert E. Brown for separate maintenance, and from a judgment in favor of the plaintiff the defendant brought error. An order having been made by the Supreme Court for the payment by the plaintiff in error of the sum of $ 250 as attorney's fees to enable the defendant to procure the services of counsel in preparing briefs and representing her in the Supreme Court, and plaintiff in error having failed to comply with the order, an application was made on behalf of defendant in error for a citation requiring the plaintiff in error to show cause why he should not be punished for contempt for failing to comply with such order. The hearing was upon that application.
Camplin & O'Marr, for plaintiff in error.
Enterline & LaFleiche, for defendant in error.
This case was formerly before this court on an application by the defendant in error for an allowance of attorney's fees for preparing her brief and representing her in this court. (Ante, p. 92; 135 P. 801). Upon consideration we allowed attorney's fees in the sum of $ 250 for that purpose. The case is now here upon a showing by affidavits that plaintiff in error has failed to comply with such order and an application for an order citing him before this court to show cause, if any there be, why he should not be punished as for contempt in failing to comply with such order. We think it unnecessary to review the affidavits in support and the counter affidavits in opposition submitted upon the hearing of this application other than to say that it sufficiently appears therefrom that the order has not been complied with and no good reason is shown for the failure of plaintiff in that respect. We think the allowance for attorney's fees was reasonable in amount and it will be observed that the plaintiff in error is the one who is in default. The defendant in error seeks no affirmative relief in the proceeding in error in this court as to the judgment. Upon the showing when the allowance was made and upon the hearing here she was and is without means to pay a reasonable attorney's fee for the services of her attorneys in preparing and filing a brief and appearing in this court on her behalf to properly defend such judgment. No brief has been filed in her behalf in this court while plaintiff's brief has been on file for a year.
While the method of enforcing its orders by citation...
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Lake v. Lake
...a husband to pay an attorneys' fee for the wife in connection with an appeal to this court. Subsequently, in the same case, in 22 Wyo. 316, 140 P. 829, the court directed that unless the order was complied within the time fixed by the court the case appealed by the husband would be dismisse......
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Burt v. Burt, 1874
... ... Yet, no satisfactory showing has been filed to explain why ... this failure occurred. Under the authority of Brown v ... Brown, 22 Wyo. 316, 140 P. 829, the case of appellant as ... it now stands is subject to outright dismissal. See, also, ... Philpott v ... ...
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Spradling v. Spradling
...in which he finds himself, and we recommend that the judgment of the district court be affirmed." ¶44 In Brown v. Brown, 22 Wyo. 316, 140 P. 829, 51 L.R.A. (N. S.) 1119, it is held:"Where a husband sued out a writ of error to review a judgment against him in divorce, and the Supreme Court e......
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Spradling v. Spradling
...blame for the situation in which he finds himself, and we recommend that the judgment of the district court be affirmed." In Brown v. Brown, 22 Wyo. 316, 140 P. 829, 51 L. R. A. S.) 1119, it is held: "Where a husband sued out a writ of error to review a judgment against him in divorce, and ......