In re Application of Brown, Civil 3057
| Decision Date | 23 February 1932 |
| Docket Number | Civil 3057 |
| Citation | 39 Ariz. 545,8 P.2d 453 |
| Parties | In the Matter of the Application of WILLIS S. BROWN for Writ of Habeas Corpus. WILLIS S. BROWN, Appellant, v. J. C. KESTER, as Sheriff of Coconino County, State of Arizona, Appellee |
| Court | Arizona Supreme Court |
APPEAL from an order of the Superior Court of the County of Coconino. W. S. Norviel, Judge. Appeal dismissed.
Mr Thorwald Larson, for Appellant.
No appearance for Appellee.
This is an appeal from an order dismissing appellant's petition for a writ of habeas corpus. In a divorce proceeding between the parties, on March 17, 1930, the court ordered the appellant to pay to his wife, Kitty Brown, $100 for attorneys' fees, and on July 24, 1930, ordered him to pay her $75 cents to be used for medical attention for their minor son, William Russell Brown, $200 to reimburse her for expense of attending litigation between them, $77.60 to reimburse her for costs of court, $200 to pay counsel for preparing and filing briefs in the appellate court, and to pay plaintiff's attorneys $1,000 for looking after and defending her rights in the appellate court.
Thereafter, upon application of plaintiff, the appellant was cited to show cause why he should not be punished for contempt in not paying said sums. Upon the return day, to wit, August 16, 1930, appellant (defendant in divorce proceeding) having made no response to the citation and having failed to appear either in person or by attorney, the court proceeded to hear the evidence offered by plaintiff and found therefrom that appellant was guilty of contempt in failing to comply with the orders of March 17th and July 24th.
Appellant was ordered committed to the county jail until he paid the sums named in the orders of March 17th and July 24th, fixed at $1,652.60, and, in addition, $100 attorneys' fees and $50 for expenses of plaintiff in the contempt proceeding, or the total sum of $1,802.60. The appellant thereupon applied to the superior court for a writ of habeas corpus, claiming that his imprisonment was unlawful. The writ was granted, but upon the hearing, on August 19th, was quashed, and appellant remanded to the custody of the sheriff until he paid $802.60. This sum he paid August 20th and was discharged from custody. He now appeals from the order committing him to the sheriff until he paid the $802.60.
He has made nine assignments of error, but, he having satisfied the...
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Pinal Energy, LLC v. Sw. Gas Corp.
...against it. All of the cases, but the Arizona cases in particular, are factually distinguishable. For example, in Brown v. Kester, 39 Ariz. 545, 547, 8 P.2d 453, 454 (1932), the appeal was moot after the appellant voluntarily paid a judgment to obtain release from imprisonment for contempt.......
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Del Rio Land, Inc. v. Haumont
...26 Ariz. 521, 227 P. 572 (1924). In the past we have held that the payment of a money judgment made a case moot. In re Brown, 39 Ariz. 545, 8 P.2d 453 (1932). In the cited case the Court 'He has made nine assignments of error, but, he having satisfied the judgment of the court by paying it ......
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In re Application of Harrison, Civil 4227
... ... remedy was by appeal, for the writ of habeas corpus ... may not be used to supplant this method of procedure. In ... re Brown, 39 Ariz. 545, 8 P.2d 453; State v ... Henderson, 34 Ariz. 430, 272 P. 97; Ex parte ... Jarvis, 109 Tex. Cr. 52, 3 S.W.2d 84, 57 A.L.R. 82 ... ...
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Rowe v. Rowe, s. 2
...the judge who presided at trial. First, Patricia claims that because Jack has paid the $7,000, the matter is moot, citing In re Brown, 39 Ariz. 545, 8 P.2d 453 (1932). Brown, however, involves quite different facts. There, a husband was ordered to pay his wife certain monies after dissoluti......