Ex parte Hardin

Citation344 S.W.2d 152,161 Tex. 567
Decision Date22 February 1961
Docket NumberNo. A-8153,A-8153
PartiesEx parte Hubbard L. HARDIN.
CourtSupreme Court of Texas

Ernest L. Sample, Lynn Walker, Beaumont, for relator.

Guy H. Carriker, Nederland, for respondent.

STEAKLEY, Justice.

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 * * * '; '3-7-60. Deft. still in contempt but is ordered released-to pay each week as ordered'; '7-28-60. Deft. still in contempt under order of 9-17-59 & capias ordered issued for his arrest'; '9-30-60. Deft. released from custody and ordered to pay $35.00 each 2 wks. 1st payment due Oct. 15-60 * * *', '10-27-60. Hearing Reset for December 1, 1960. Defendant ordered to continue to pay $35.00 every two weeks * * *'; '12-1-60. Amount of support fixed at $28.00 per wk. & deft. held in contempt for failure to pay $900.00 back child support & ordered to jail until paid.'

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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26 cases
  • Ex parte Barnett, B-9137
    • United States
    • Supreme Court of Texas
    • May 14, 1980
    ...order of commitment delivered to the sheriff or other appropriate officer is necessary to legally imprison a person. Ex parte Hardin, 161 Tex. 567, 344 S.W.2d 152 (1961); Ex parte Martinez, 160 Tex. 328, 331 S.W.2d 209 (1960); Ex parte Arapis, 157 Tex. 627, 306 S.W.2d 884 (1957); Ex parte S......
  • Ex Parte Coronado, No. 13-09-00149-CV (Tex. App. 4/9/2009)
    • United States
    • Court of Appeals of Texas
    • April 9, 2009
    ...953 (Tex. Civ. App-Dallas 1975, orig. proceeding); Ex parte Hodge, 389 S.W.2d 463 (Tex. 1965) (orig. proceeding);Ex parte Hardin, 161 Tex. 567, 568, 344 S.W.2d 152, 153 (1961) (orig. proceeding);Ex parte Winfree, 153 Tex. 12, 15, 263 S.W.2d 154, 157 (1953) (orig. proceeding);Ex parte Sauser......
  • White v. Reiter, 68977
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • July 21, 1982
    ...person to jail and to detain him there, is an essential prerequisite to the imprisonment of a person for contempt." Ex parte Hardin, 161 Tex. 567, 344 S.W.2d 152, 153 (1961); see also Ex parte Baize, 453 S.W.2d 185 (Tex.Civ.App.--Eastland 1970, no writ); and Article 43.11, V.A.C.C.P.; cf. T......
  • Ex parte Browne, B--5937
    • United States
    • Supreme Court of Texas
    • October 27, 1976
    ...White, 149 Tex. 155, 229 S.W.2d 1002 (1950); Ex parte Winfree, 153 Tex. 12, 263 S.W.2d 154, 41 A.L.R.2d 1259 (1954); Ex parte Hardin, 161 Tex. 567, 344 S.W.2d 152 (1961); Ex parte Cardwell, 416 S.W.2d 382 (Tex.Sup.1967). . . Since the affidavit and show cause order did not describe or speci......
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