Dupras v. Dupras
| Decision Date | 15 December 1967 |
| Docket Number | No. 127-A,127-A |
| Citation | 236 A.2d 260,103 R.I. 239 |
| Parties | Kathleen Marie DUPRAS v. Eugene George DUPRAS. ppeal. |
| Court | Rhode Island Supreme Court |
This proceeding was brought by a husband to have his former wife held in contempt for disposing of certain household furniture.
In March 1966, the wife petitioned the family court for an absolute divorce, and her husband cross-petitioned for the same relief. After a hearing on the merits, a decision was entered on October 10, 1966 denying the petition, granting the cross petition, and awarding the husband custody of their minor children and the '* * * permanent use of and legal title to the household furniture and effects.'
Thereafter, the husband, relying on the mandate of the October 10 decree, asked the wife for the furniture and effects, the temporary use of which had no her motion been awarded to her pendente lite by an interlocutory decree entered on May 6, 1966. When she refused, the commenced these proceedings to adjudge her in contempt. He also asked that she be ordered to deliver the furniture and effects to him forthwith or to pay him the value thereof.
Following a hearing on the contempt petition, a decree was entered on November 9, 1966, holding the wife in contempt, ordering her to deliver the furniture and effects to the husband within ten days, and continuing the case to November 18, 1966 for a determination of what punishment should be imposed if she failed to purge herself. Even though the wife had ignored the turn over order of the November 9 decree, the court at the November 18 hearing neither imposed any penalty nor took other action. The case is here on the wife's appeal from the November 9 decree and also on what purports to be an appeal from the November 18 proceedings.
While she challenges the November 9 decree, the wife concedes that she has not yet complied with the October 10 decree. She seeks, however, to excuse her misconduct by contending that the trial justice erred on October 10, 1966 when he awarded the husband permanent use of and legal title to the furniture and effects. She bases that contention on three principal grounds: first, that the family court lacked authority, statutory or otherwise, to make such an award; second, that if it had such authority, it should not...
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Hartt v. Hartt
...alleged misconduct that the court erred in entering the order. 6 Brown v. Brown, 114 R.I. 117, 329 A.2d 200 (1974); Dupras v. Dupras, 103 R.I. 239, 236 A.2d 260 (1967); Ciallella v. Ciallella, 81 R.I. 320, 103 A.2d 77 (1954); McAuslan v. McAuslan, 34 R.I. 462, 83 A. 837 (1912); Starkweather......
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Borozny v. Paine, 77-450-A
...117 R.I. 121, 129-30, 363 A.2d 1349, 1354 (1976); Brown v. Brown, 114 R.I. 117, 119, 329 A.2d 200, 201 (1974); Dupras v. Dupras, 103 R.I. 239, 240-41, 236 A.2d 260, 261 (1967); Ciallella v. Ciallella, 81 R.I. 320, 325-26, 103 A.2d 77, 79 (1954); Starkweather v. Williams, 31 R.I. 134, 135, 7......
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Brown v. Brown
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