State ex rel. Hattabaugh v. Boynton

• Decision Date: 03 June 1909
• Citation: 140 Wis. 89,121 N.W. 887
• Parties: STATE EX REL. HATTABAUGH v. BOYNTON.
• Court: Wisconsin Supreme Court

140 Wis. 89

121 N.W. 887

STATE EX REL. HATTABAUGH

v.BOYNTON.

Supreme Court of Wisconsin.

June 3, 1909.

Appeal from Circuit Court, Manitowoc County; Michael Kirwan, Judge.

Proceedings by the State, on the relation of Mary J. Hattabaugh, for contempt of court against Prescott Boynton. From an order discharging the attachment for contempt, the relator appeals. Affirmed.

Among other references upon the part of the appellant were the following: Matthews v. Puffer (C. C.) 10 Fed. 606;Saveland v. Connors, 121 Wis. 28, 98 N. W. 933;Bohanan v. Nebraska, 125 U. S. 692, 8 Sup. Ct. 1390, 31 L. Ed. 854;Allen v. Georgia, 166 U. S. 138, 17 Sup. Ct. 525, 41 L. Ed. 949; Wartman v. Wartman, Fed. Cas. No. 17,210.

Among other references upon the part of the respondent were the following: Anderson v. Rountree, 1 Pin. 115; sections 2965, 2966, St. 1898; In re Blair, 4 Wis. 522.Nash & Nash, for appellant.

J. S. Anderson (A. L. Hougen, of counsel), for respondent.

TIMLIN, J.

Upon affidavit showing that in an equitable action against a trustee for an accounting judgment was on July 18, 1907, given and rendered against Prescott Boynton and in favor of the relator, and that the defendant, after the cause was tried and while it was pending under consideration by the circuit court, fled from the state of Wisconsin, taking with him the trust property for the purpose of defeating, impairing, and prejudicing the rights and remedies of the relator, had been thereafter served with a true copy of said judgment and failed to comply with its commands, a writ of attachment for contempt was issued returnable before the court on January 12, 1909. Attached to this affidavit and made part thereof was a copy of the judgment which decreed that the defendant within 30 days after the service upon him or upon his attorney of written notice of the entry of judgment deposit with the clerk of said circuit court certain bonds of the United States and a certain amount of money, or, in lieu of said bonds, the sum of $10,000 with the money mentioned, and that, in case of his failure to make said deposit, the relator might have execution against the property of the defendant in the sum of $12,133.80 and the costs of the action. The defendant was arrested and held to bail to answer for his appearance on this charge of contempt of court, and thereafter the defendant moved to vacate the writ of attachment on the ground that he was brought into the state of Wisconsin from the state of Tennessee by extradition proceedings based on a criminal complaint and warrant issued out of the municipal court for Manitowoc county on a charge of embezzlement of this same property. The defendant was arrested on the attachment for contempt in the presence of the municipal court and immediately upon his release on bail and without...