Barton v. Barton

Citations

• 99 Kan. 727
• 163 P. 179

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Decree for Payment for Maintenance — Contempt — Divorced Wife May Maintain Action. A proceeding to punish for contempt for willfully refusing to comply with a decree of divorce in which it was adjudged 'that the defendant should pay the expenses of the litigation and certain sums towards the support of his child is remedial in its nature and may be instituted and conducted by the plaintiff in the case out of which the contempt arose.</p> <p>2. Same — Contempt Proceedings — Title of Action. Such a proceeding may be entitled as in the original cause or brought as an independent proceeding, the important feature, in either case, being that the person charged with the violation of the judgment of the court shall have reasonable notice of the proceeding and a fair opportunity to explain or defend his refusal or action.</p> <p>3. Same — Contempt Proceedings — Evidence. The evidence examined and held to be sufficient to uphold the decision of the trial court that the defendant had the ability to make the required payments and had willfully refused to comply with the orders and decree of the court.</p>