Ex parte Savelle

Decision Date09 June 1965
Docket NumberNo. A-10744,A-10744
Citation392 S.W.2d 113
PartiesEx parte George Monroe SAVELLE, Jr.
CourtTexas Supreme Court

George Monroe Savelle, pro se.

HAMILTON, Justice.

This is an original habeas corpus proceeding. Pursuant to an action brought by Billie Nell Smith, George Monroe Savelle, Jr., was adjudged on April 8, 1965, by order of the Court of Domestic Relations No. 2 in and for Harris County, Texas, to be in contempt of court for an alleged failure and refusal to make child support payments as ordered by said court in Cause No. 566,680. Savelle was assessed three days in jail with the provision that he might purge himself of such contempt by paying the sum of $300.00 as arrearage, attorney's fee and costs of court. The judgment of the court committing Savelle reads in part as follows:

'IT is accordingly so ORDERED, ADJUDGED AND DECREED by the Court that the said George Monroe Savelle, Jr., be and is hereby held guilty of contempt of Court by reason of his failure and refusal to make the payments of child support in defiance of the terms of the decree hereinabove referred to, and his punishment for such contempt is here fixed by assessing against him a fine of $_____ and committing him to the County Jail of Harris County, Texas for 3 days, and it is further Ordered that the said George Monroe Savelle, Jr., may purge himself of such contempt by paying the sum of $300.00 as child support payments to Bille Nell Savelle, and also by paying all costs incurred herein, and upon such payments said George Monroe Savelle, Jr., shall be released from custody. LET, THEREFORE, commitment issue to the Sheriff of Harris County, Texas, accompanied by a certified copy of this judgment.'

The relator did not purge himself by paying the arrearage and court costs, but he had served the three-day commitment period at the time this court granted his petition for writ of habeas corpus. He is, therefore, under the clear provisions of the judgment of commitment, entitled to be released, and it is so ordered.

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3 cases
  • Ex parte Savelle, A-10927
    • United States
    • Texas Supreme Court
    • January 26, 1966
    ...of thirty (30) days in jail, he shall be released from custody. (4) This order differs from the order entered in Ex parte Savelle, Jr., Tex.Sup., 392 S.W.2d 113 (1965), and the order entered in Ex parte Proctor this day handed down by this Court (398 S.W.2d 917). The opinion in the Proctor ......
  • Ex parte Proctor, A-11013
    • United States
    • Texas Supreme Court
    • January 26, 1966
    ...(1) The printed form in question is exactly the same form, and issued by the same court, as that used in the case of Ex parte Savelle, Jr., 392 S.W.2d 113 (Tex.Sup.1965). The only difference is that in Savelle, the form read, 'and it is further Ordered that the said George Monroe Savelle, J......
  • Ex parte Sweeney, 2-81-045-CV
    • United States
    • Texas Court of Appeals
    • February 18, 1982
    ...a finding that Proctor was delinquent in that amount. (Id. at 918.) The Supreme Court based its holding upon the case of Ex parte Savelle, 392 S.W.2d 113 (Tex.1965), where substantially similar language was used in a contempt Mr. Savelle came before the Supreme Court of Texas a year later i......

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