Ex parte Hardin
Citation | 344 S.W.2d 152,161 Tex. 567 |
Decision Date | 22 February 1961 |
Docket Number | No. A-8153,A-8153 |
Parties | Ex parte Hubbard L. HARDIN. |
Court | Supreme Court of Texas |
Ernest L. Sample, Lynn Walker, Beaumont, for relator.
Guy H. Carriker, Nederland, for respondent.
This is an original habeas corpus proceeding in which relator, Hubbard L. Hardin, seeks release from the custody of the Sheriff of Jefferson County, Texas.
The record before us consists of duly certified copies of 'all the court orders entered in the Divorce Minutes of the Criminal District Court of Jefferson County, Texas, pertaining to Cause No. 48,768-C, styled Ann C. Hardin v. Hubbard L. Hardin,' together with photostatic copies of the 'Civil Docket, District Court case No. 48,768-C,' attached thereto and bearing the certification of the District Clerk.
The orders are as follows: order entering judgment nunc pro tunc, dated September, 26, 1960; nunc pro tunc judgment of divorce, child custody, and child support payments entered September 30, 1960, reciting that the cause 'came on to be heard on March 13, 1959'; and order 'Entered this 5 day of December, 1960,' holding relator in contempt of court and assessing a fine of $100 and three days in the county jail, ordering relator to pay $1,199.50, 'back child support by December 5, 1960,' reducing the child support payments to $28 weekly (the nunc pro tunc judgment setting these payments at $56 weekly), and further ordering that 'If said $1199.50 payment is not made by December 5, 1960, then Defendant shall be held in contempt of Court and confined in the County Jail until he purges himself by payment of said sum.'
The statement of facts discloses that at the beginning of the hearing on December 1, 1960, pursuant to which the order of December 5, 1960, was entered, the court stated that the hearing was not on 'a contempt matter' and that 'On 9-17-60, he (referring to Relator) was held in contempt.' Apparently, then, relator is in custody pursuant to docket entries as follows: 'Divorce granted plaintiff' '3-13-59'; '9-17-59' 'defendant is found guilty of contempt of court for failure to pay $1067.00 back child support and ordered to jail until he purges himself * * * '; ; ; ;
Each of the foregoing docket entries is over the signature of Honorable Owen M. Lord, Judge Presiding.
(1, 2) The record does not disclose that there was any summons, notice or hearing in open court...
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