Campbell v. Campbell

• Decision Date: 21 February 1928
• Citation: 223 Ky. 836
• Parties: Campbell v. Campbell.
• Court: Supreme Court of Kentucky

223 Ky. 836

Campbell v.Campbell.

Court of Appeals of Kentucky.

Decided February 21, 1928.

1. Judgment. — Where, in action for divorce, judgment was rendered ordering husband to pay a certain monthly allowance for support of his child, but he had not paid it, and sum had accumulated, whereupon wife had caused an execution, as provided by Ky. Stats., sec. 1663, to issue on judgment and he in turn sought injunctive

relief against enforcement of such judgment, held that he was not entitled to such relief, since his remedy, if aggrieved, was to be had in court where judgment was rendered and not by a collateral proceeding.

2. Contempt. — A party guilty of contempt of court is not entitled to a hearing in court until he has purged himself of such contempt.

Appeal from Knox Circuit Court.

HIRAM H. OWENS for appellant.

VICTOR A. JORDON and THOMAS D. TINSLEY for appellee.

OPINION OF THE COURT BY JUDGE LOGAN.

Affirming.

This is the third appearance of this case on one branch or another in this court.Campbell v. Campbell, 209 Ky. 571, 273 S.W. 26;Campbell v. Campbell, 213 Ky. 621, 281 S.W. 800.In the last appeal the judgment of the lower court had directed the appellant to pay $30 per month for the support of the child, Kenneth Campbell, until the further orders of the court, and the custody of the child was awarded to the mother, the appellee, on this appeal.That portion of the judgment of the lower court was affirmed by this court.Appellant did not pay this sum to the appellee for the support of the child, and on January 5, 1927, appellee caused an execution to issue on the judgment as is provided by section 1663, Ky. Stats., for the amount then due, to wit, $1,320, plus the cost of the action.The execution was placed in the hands of the sheriff of Knox county, but before he could do execution thereof the appellant filed his petition in the Knox circuit court seeking an injunction against appellee and the sheriff to prevent the collection of the execution.He alleged in his petition that he did not owe the sum of $1,320 or any sum, and he alleged as the reasons why he did not owe any part of the judgment that it was adjudged by the court that appellee should have the custody of the child and should furnish support, clothing, housing, and board for the child, and that he was to pay at the rate of $30 per month towards defraying expenses for the support of the child thus incurred by appellee.He alleged that he placed the custody of the child with appellee, but that she refused to provide a home, board, or clothing for the child, and that she refused to otherwise comply with the terms of the judgment for the care and maintenance of the child.

It appears that the child was a boy old...