State ex rel. Grover v. Grover
Decision Date | 22 March 1938 |
Citation | 77 P.2d 430,158 Or. 635 |
Parties | STATE EX REL. GROVER <I>v.</I> GROVER |
Court | Oregon Supreme Court |
Inability to comply with judgment or order as defense to charge of contempt, note, 76 A.L.R. 392. See, also, 1 R.C.L. 962 (1 Perm. Supp., 246) 19 C.J. Divorce, § 702
Appeal from Circuit Court, Multnomah County.
Contempt proceeding by the State of Oregon, on the relation of Margaret Grover, against Charles Garfield Grover, to punish defendant for failure to pay alimony. From a judgment imposing sentence, defendant appeals.
AFFIRMED.
John A. Jeffrey and Joseph E. Harvey, both of Portland, for appellant.
Zanley F. Galton, of Portland (Mark A. Paulson and Goldstein & Galton, all of Portland, on the brief), for respondent.
Defendant appeals from a judgment imposing upon him a sentence of six months in the county jail for wilful failure to obey a decree to pay alimony for support of plaintiff and her minor son.
On June 4, 1937, the court, upon motion of plaintiff, cited defendant to appear on June 9, 1937, and show cause why he should not be adjudged in contempt. Although such order, together with affidavit charging contempt, was served in person on defendant, he failed to make any appearance. On June 10, 1937, the court directed that a warrant be issued for the arrest of defendant on the charge of contempt. On June 12, 1937, defendant appeared in person and the court, after hearing, adjudged that defendant was guilty of contempt as charged.
On this appeal there is no transcript of the evidence. The sole question for consideration is whether sufficient facts are averred in the affidavit to show that defendant is guilty of wilful disobedience of the order and decree requiring him to pay alimony. The affidavit is as follows:
Subscribed and sworn to before me this 4th day of June, 1937...
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