Ex Parte Pyle

• Decision Date: 29 November 1939
• Docket Number: Motion No. 14267; No. 7663.
• Citation: 133 S.W.2d 565
• Parties: Ex parte PYLE.
• Court: Texas Supreme Court

Page 565

133 S.W.2d 565

Ex parte PYLE.

Motion No. 14267; No. 7663.

Supreme Court of Texas.

November 29, 1939.

Original habeas corpus proceeding by Dr. J. N. Pyle for release from an alleged illegal restraint exercised over him by reason of a writ of commitment issued out of the 101st Judicial District Court of Texas, Dallas County.

Relator discharged.

Currie McCutcheon and Bruce Graham, both of Dallas, for relator.

M. E. Kramer, of Dallas, for Mrs. Otis Yantis.

GERMAN, Commissioner.

This is an original habeas corpus proceeding brought in this Court by relator Dr. J. N. Pyle. He seeks to be released from an alleged illegal restraint exercised over him by reason of a writ of commitment issued out of the 101st Judicial District Court of Texas in Dallas County on the 15th day of November, 1939. Pending hearing upon application, the relator has heretofore been released by this Court on proper bond.

Briefly, the essential facts are these: On May 18, 1939, judgment was entered in the 101st Judicial District Court, Dallas County, in Cause No. 51562, styled Mrs. Otis R. Yantis, Guardian, v. Dr. J. N. Pyle, in favor of the plaintiff and against defendant. In that judgment, plaintiff was awarded the title and possession of three certain bonds, which are described therein. In the alternative, if the bonds could not be obtained, judgment in the sum of $3,392 was awarded plaintiff against the defendant.

This judgment became final. On November 7, 1939, writ of possession issued out of said court and was placed in the hands of the Sheriff of Dallas County. Succeeding events are disclosed by order of the court adjudging the commitment, and we quote therefrom as follows:

"Whereas, on the 14th day of November, A. D. 1939, at 11:50 A. M., the Sheriff of the County of Dallas demanded of the said J. N. Pyle the bonds in question, and which was refused to the Sheriff; and

"Whereas a motion was filed herein on the 15th day of November, 1939, by plaintiff that the defendant be required to appear before this court and to show cause, if any, why he should not be held in contempt of this court; and

"Whereas, notice was issued by the clerk instanter for the said Dr. J. N. Pyle, and the said J. N. Pyle was by the Sheriff of Dallas County, Texas, delivered to this court on this date. The Judge of this court demanded of the said J. N. Pyle the bonds as described in said mandate and in said writ of possession, and the said J. N. Pyle refused to deliver the said bonds to the court, and for such failure and refusal this court finds the said J. N. Pyle in contempt hereof, and assesses his punishment as a fine of One Hundred ($100.00) Dollars, together with costs incurred herein; and further that the said J. N. Pyle be...