In re Roberts

• Decision Date: 02 January 1940
• Citation: 10 A.2d 1,111 Vt. 91
• Parties: IN RE RICHARD T. ROBERTS
• Court: Vermont Supreme Court

10 A.2d 1

111 Vt. 91

IN RE RICHARD T. ROBERTS

Supreme Court of Vermont

January 2, 1940

Special Term at Rutland, November, 1939.

Statutory Construction, P. L. 3132.---1. Avoid Absurd Consequences.---2. Presume Statute not Ineffective.---3. Statute Contains Powers to Make It Effective.---4. Intention of the Legislature is the Law.---5. P. L. 3132 Allows Order for Temporary Alimony, etc.

1. A statutory construction that leads to absurd consequences must always be avoided if possible.

2. A presumption obtains against a construction that would render a statute ineffective or inefficient, or which would cause grave public injury or even inconvenience.

3. Every statute is understood to contain by implication, if it does not by its express terms, all such provisions as are necessary to effectuate its object and purpose and to make effective the rights, powers, privileges and jurisdiction that it grants, and what is implied in a statute is as much a part of it as what is expressed.

4. The intention of the Legislature constitutes the law.

5. P L. 3132 includes authority to make an order for temporary alimony in an action for a divorce from bed and board in the same manner that such an order can be made after a libel for an absolute divorce has been filed.

HABEAS CORPUS. Petition to the November Term, 1939, Supreme Court Rutland County, by the relator who was confined in jail for contempt of an order of a superior judge ordering temporary alimony paid to Ellen M. Roberts, relator's wife, pending her libel in Rutland County Court for a divorce from bed and board.

It is adjudged that the relator, Richard T. Roberts, is not illegally deprived of his liberty and he is remanded into the custody of the keeper of Rutland County jail whence he was taken and his petition is dismissed.

Lindley S. Squires for the relator.

Philip M. M. Phelps, attorney for Ellen M. Roberts contra.

Present MOULTON, C. J., SHERBURNE, BUTTLES and STURTEVANT, JJ., and CLEARY, SUPR. J.

OPINION

STURTEVANT

This is a petition for a writ of habeas corpus brought by the relator, Richard T. Roberts. The material allegations in the petition are as follows:

Ellen Roberts, wife of the relator, brought a petition to the Rutland County Court, praying that she be granted a divorce from bed and board from the relator and also praying that she be awarded temporary alimony.

A hearing upon the prayer for temporary alimony was had before a superior judge November 3, 1937. After due hearing Superior Judge Jeffords made an order directing that the relator pay to the petitioner, Ellen Roberts, ten dollars per week. On the 31st day of July, 1939, relator was adjudged in contempt of court because of his failure to comply with said order and was committed to the keeper of the Rutland county jail and was confined in said jail at the time of bringing his petition.

Relator contends that there is no provision in the statute which authorizes the granting of temporary alimony on a petition for divorce from bed and board, and that he could not lawfully be found guilty of contempt for violating an order which he contends was unlawful, and therefore he is unlawfully confined in the Rutland county jail.

P. L. sec. 3132 and P. L. sec. 3142 are as follows:

"Sec. 3132. Orders and decrees. Pending proceedings for at the time of and after a decree of divorce from bed and...