Lewis v. Lewis, 38281

• Decision Date: 25 February 1952
• Docket Number: No. 38281,38281
• Citation: 213 Miss. 434,57 So.2d 163
• Parties: LEWIS v. LEWIS.
• Court: Mississippi Supreme Court

Page 163

57 So.2d 163

213 Miss. 434

LEWIS v. LEWIS.

No. 38281.

Supreme Court of Mississippi.

Feb. 25, 1952.

Easterling & Easterling, Laurel, for appellant.

Quitman Ross, Laurel, for appellee.

McGEHEE, Chief Justice.

After some extended litigation between the appellant, Freeman E. Lewis, and his wife, he was ordered and directed on May 2, 1949 to pay to her for the support of herself and their two small children the sum of $30 per week, together with an attorney's fee of $100, and the latter amount was paid in monthly installments. The decree also granted the wife, Mrs. Annie Ruth Lewis, a divorce, and awarded unto her the care and custody of the two children with the right of the father to visit said children at reasonable times 'and to have said children visit him in the jurisdiction of the court.'

The decree did not by its terms require that the wife should keep the children within the jurisdiction of the court, but only that he could have them visit him within the jurisdiction of the court. The wife thereafter moved with the children to Jefferson County, Alabama.

On January 23, 1951, Mrs. Lewis filed her petition in the same cause to have the appellant cited for contempt of court for failure to pay the sums which he had been directed to pay for the support of his said wife and children, and alleged that he was then in arrears to the total amount of $1,028.75. The citation for contempt was duly issued by the chancellor, returnable before him on February 6, 1951. In his answer thereto the appellant alleged that he had paid to the petitioner the approximate sum of $1,500; that he only earned about $50 per week after the deduction of his necessary expenses incident to carrying on his business of watch and jewelry repair; and that he had endeavored to comply with the former decree of the court by paying all that he could pay per week.

He further alleged that his wife had violated the terms of the decree by returning to Jefferson County, Alabama with the children, and that she had thereby made it impossible for him to visit the children or to have them visit him within the jurisdiction of the court.

At the hearing of the contempt proceeding, the appellant, Freeman E. Lewis, was called as an adverse witness by the petitioner, and he later testified on his own behalf, and as the only witness in the case. It appears from the testimony that at the time of the hearing, on February 6, 1951, the appellant had married a widow who was employed at a salary of $30 per week; and that he was also contributing to the support and maintenance of her two children, but he claimed that his second marriage had not rendered him less able to support his former wife and children due to the fact that his own income and that of his second wife were used as a joint fund for the support of the family.

It also appears from the testimony that after the divorce proceedings were concluded in May 1949, the petitioner in the instant proceeding in moving to Alabama had carried with her the household goods on which a part of the purchase price remained unpaid, and against which there would have been a vendor's lien which was thereafter paid off by the divorced husband. The chancellor did not therefore hold the appellant in contempt for failing to pay any arrears that accrued during the remainder of the year 1949, but found that he was in contempt of court for failing to meet the payments thereafter in the total amount of $700, and ordered that he be...