Kerr v. State
| Decision Date | 30 October 1923 |
| Docket Number | 23,945 |
| Citation | 141 N.E. 308,194 Ind. 147 |
| Parties | Kerr v. State of Indiana |
| Court | Indiana Supreme Court |
Rehearing Denied January 16, 1924.
From Lake Superior Court; Charles E. Greenwald, Judge.
Proceeding charging John Kerr with direct contempt of court. From a finding of guilty, and ordering that he be fined and imprisoned, he appeals.
Affirmed.
William J. Whinery, for appellant.
U. S Lesh, Attorney-General, Gavit, Hall & Smith and J. A Patterson, for the State.
Appellant was cited for contempt of court in failing and refusing to obey an order that he should make certain payments of money for the support of his three minor children in the custody of their mother from whom he had been divorced five years before. Some time afterward, the judge of the trial court caused to be entered in the order-book a statement to the following effect: That appellant was present in court when such statement was made; that appellant had filed an answer to said citation containing averments that were copied into such statement, by which he charged, at great length, with many repetitions, that when the divorce suit was originally heard, the judge of said court (still in office) had granted a divorce to appellant's wife on her cross-complaint, and made an order giving her the custody of the three children and an order that appellant pay certain sums of money for their support, and that a motion for a new trial was filed by him and overruled by the court; alleging that the judge presiding in the court, both at the time said judgment and said orders were made and at the time said answer was filed five years later, had made the orders notwithstanding he knew that said defendant (the wife) was not a fit person to have the care and custody of said minor children; averring that, with such knowledge, the judge gave her the custody of the children for the sole reason that he was going to give somebody a divorce and would give it to her; asserting that he was induced to grant her the divorce and to make such orders by prejudice against appellant which was caused by statements made to said judge, in conversations in which he engaged while the trial was in progress with persons not witnesses and in no way connected with the cause, in which those persons said harsh things about appellant, and expressed the hope that the judge would "soak him", an alleged conversation being set out at length; stating that appellant is the father of only the first and third child, but not of the second one, and that the judge knew that fact when he made the orders as to the custody of the children, and for payment of money by appellant for their support, and was induced to make such orders through "outside influence brought to bear upon him" by means of the alleged conversations; and insisting that the court was without power and authority to attach appellant for nonpayment of money as support for the children, and that it would be unjust, unfair and inequitable to attach him for such nonpayment; and the charge written in the order-book added that such answer was signed by appellant. The record further recites that when called on for his defense, appellant refused to make any statement, and that, from the foregoing facts, the court found him guilty of direct contempt of court and entered judgment that he be punished by a fine and...
To continue reading
Request your trial