In re Groves

Citations

• 83 Kan. 238
• 109 P. 1087
• 1910 Kan. LEXIS 510

Syllabus

<p>Contempt — Noncomplianee with Order in Divorce Suit — Jurisdiction — Financial Ability of Accused to Comply with Order —Imprisonment for Costs. A defendant in a divorce suit who was ordered to pay a sum each month for the support of his minor child was adjudged guilty of contempt for neglect to comply with the order, and sentenced to jail for thirty days and until the order was complied with and the costs paid. In a habeas corpus proceeding in this court it was said:</p> <p>(а) The district court had jurisdiction to enforce its order by attachment.</p> <p>(б) The general finding against the accused was a sufficient finding as to his financial ability, special findings not having been requested and the evidence not being presented to this court.</p> <p>(c) Whether there was authority to imprison for failure to pay costs, the petitioner could not be discharged until he complied with the order to pay installments; and probably the authority to require the payment of costs is incidental to the power to punish for contempt in such a case.</p>