Croft v. Croft

Citations

• 77 Wash. 620
• 138 P. 6
• 1914 Wash. LEXIS 951

Syllabus

<p>Divorce — Alimony—Enforcement—Contempt—Evidence—Admissibility. In contempt proceedings to enforce the payment of alimony, it is not error to exclude evidence as to property conveyed to the wife prior to the entry of the decree of divorce, since that was presumably considered at that time.</p> <p>Appeal — Record—Findings—Waiver. In contempt proceedings to enforce alimony, the failure to make findings cannot be assigned as error, in the absence of request therefor or any objection or exceptions to the failure to make them.</p> <p>Divorce — Alimony — Contempt — Accruing Payments. In contempt proceedings to enforce alimony, objection cannot be made to the judgment in that it punishes for violation of distinct orders and the failure to pay money not due when the order of arrest was made, where the accumulations all relate to one modified order in aid of which the arrest was made, and defendant had full notice of the due and accruing payments, and answered to the merits without objection; the jurisdiction of the court being a continuing one.</p> <p>Same — Alimony—Contempt—-Evidence—Sufficiency—Burden of Proof. A conviction for contempt in failing to pay $986 support money, the amount of accumulated payments at $20 per month, awarded in a decree of divorce, is sustained where it appears that the defendant had never made any payments, that he was an able-bodied man, earning $3.50 a day at the time of the hearing, had remarried, and had received $500 from his father at one time during the period, and his credit was such that he had been able to run in debt over $1,000; the burden of proof being upon him- to show his inability to pay.</p>