McDonald v. McDonald
| Decision Date | 11 February 1975 |
| Docket Number | No. 29424,29424 |
| Parties | Lawrence P. McDONALD v. Anna T. McDONALD. |
| Court | Georgia Supreme Court |
George G. Finch, Atlanta, for appellant.
Reed & Friedewald, R. M. Reed, James W. Friedewald, Marietta, for appellee.
Syllabus Opinion by the Court
1. Lawrence P. McDonald appeals a judgment holding him in wilful contempt for failure to comply with a provision of his divorce decree which provides, The decree was entered pursuant to a jury verdict which provided, 'Defendant to assume plaintiff's share of responsibility for $11,000 note to Mrs. Harold McDonald.' In our opinion the divorce verdict intended that Lawrence P. McDonald satisfy the note when due and the divorce decree conformed to the verdict. Demand has been made on the note and it remains unpaid. The evidence on the contempt citation was sufficient to support the trial court's finding of wilful contempt. See McDonald v. McDonald, 232 Ga. 190, 205 S.E.2d 850.
2. 'The trial court did not err in considering evidence of which it had personal knowledge, records of prior proceedings in the same case and evidence presented at the contempt hearing in adjudicating the appellant in contempt of court.' George v. George, 232 Ga. 389(1), 207 S.E.2d 26.
3. The trial court's comments concerning the authority of Dr. Harold McDonald's attorney to satisfy the $11,000 note, if error, were harmless.
4. This court granted a supersedeas in this case and any error of the trial court in denying supersedeas is moot.
5. Under the record here it is our opinion the trial judge was not disqualified in this case.
Judgment affirmed.
All the Justices and Judge CLAUDE D. SHAW concur.
INGRAM, J., disqualified.
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