Clay v. Winn
| Decision Date | 22 November 1968 |
| Citation | 434 S.W.2d 650 |
| Parties | James Lloyd CLAY, Petitioner, v. John J. WINN, Special Judge, Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
Leer Buckley, Lexington, for appellant.
Stanley R. Hogg, Ashland, for appellee.
This is an application by Petitioner, James Lloyd Clay, for a Writ of Prohibition against John J. Winn, special judge of the Fayette Circuit Court. The matters giving rise to the application are somewhat involved and tortuous.
Some years ago, Petitioner and his wife were divorced in the Fayette Circuit Court. At the time of the divorce all claims for alimony were satisfied and Petitioner was required by the Court to make periodic payments for the support of two infant children. Petitioner became delinquent in these payments over a period of time and the question of his delinquency was litigated and the final judgment rendered. The judgment therein was affirmed by this court in Clay v. Clay, Ky., 424 S.W.2d 583. It was determined in that action that Petitioner was indebted to his wife in the amount of $6,388.92. Shortly following our decision in affirming that action, Petitioner's wife filed an application for a rule in the Fayette Circuit Court to cause Petitioner to show why he should not be held in contempt of court for failure to satisfy the judgment.
On April 6, 1968, the circuit court entered the following order:
'This cause, having come on for hearing on plaintiff's motion and rule requiring defendant to show cause for not complying with the orders of the Court relative to the payment of $6,388.92, plus interest to plaintiff, and the Court, having heard the response of defendant, and being now sufficiently advised, orders and adjudges that defendant shall have until May 1, 1968 to complete his response by affidavit after which time the Court will rule on the motion to make the rule absolute.
Dated this 6 day of April, 1968.'
On April 25, 1968, the court entered another order making the rule absolute adjudging Petitioner to be in contempt and committing him to the Fayette County jail until such time as he purged himself of contempt by paying the amount of the judgment.
On May 1, 1968, Petitioner filed his response with the Fayette Circuit Court in which he alleged inability to satisfy the judgment because of insolvency. On May 1, 1968, Petitioner was confined in the Fayette County jail. He then petitioned the county judge for a release as an insolvent debtor under KRS 426.400 and was released on May 7, 1968.
On May 29, his wife, Dorothy Davis Clay, filed a petition with the Fayette Circuit Court requesting that he be reincarcerated and held until such time as he satisfied the judgment and that all magistrates in Fayette County be enjoined from releasing him or in any manner discharging him under the order.
Hearing was held upon this motion before Respondent as special judge of the Fayette Circuit Court. On July 26, 1968, Respondent entered an order finding Petitioner's discharge under KRS 426.400 illegal. However, Respondent concluded the order by stating that, if the ruling therein was improper, irrevocable injury would result to the Petitioner because of his imprisonment and suggested that application should be made to this court for injunctive relief so that a final adjudication of the matter could be had prior to any further incarceration of the defendant.
The questions herein presented could and probably should have been presented to this court by way of an appeal rather than a Writ of Prohibition. See Levisa Stone Corporation v. Hays, Ky., 429 S.W.2d 413, which was decided by this court on June 14, 1968. However, since that case had not been decided at the time the trial court rendered its judgment outlining the procedure to be followed herein and in order to bring this matter...
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Commonwealth of Kentucky, Cabinet for Health & Family Servs. v. Ivy
...that he or she was unable to comply with the court's order or was, for some other reason, justified in not complying. Clay v. Winn, 434 S.W.2d 650 (Ky.1968). This burden is a heavy one and is not satisfied by mere assertions of inability. Dalton v. Dalton, 367 S.W.2d 840 (Ky.1963). The alle......
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Mobley v. Mobley
...that he or she was unable to comply with the court's order or was, for some other reason, justified in not complying. Clay, 434 S.W.2d at 650. This burden is a heavy one and is not satisfied by mere assertions of inability. Dalton v. Dalton, 367 S.W.2d 840 (Ky. 1963). The alleged contemnor ......
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Walther v. Miller
...or she was unable to comply with the court's order or was, for some other reason, justified in not complying. Id. (citing Clay v. Winn, 434 S.W.2d 650 (Ky.1968)). The trial court did not err when it refused to impose the $500 per week fee. Therefore we affirm the decision of the trial court......
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Sidebottom v. Watershed Equine, LLC
...to satisfy a judgment, and thereby purge a contempt amount, this is a finding of fact to be made by the trial court. Clay v. Winn , 434 S.W.2d 650, 654 (Ky. 1968). Trial court factual findings are reviewed on appeal for clear error. Com., Cabinet for Health and Family Servs. v. Ivy , 353 S.......