Jones v. Jones

Citations

• 75 Wash. 50
• 134 P. 528
• 1913 Wash. LEXIS 2200

Syllabus

<p>Appeal — Dismissal—Motions—Affidavits. Upon motion to dismiss an appeal, facts occurring subsequent to- the signing and entering of the judgment appealed from, and not in dispute, may be shown by affidavits.</p> <p>Divorce — Alimony—Enforcement of Order — Notice—Contempt. Where, after announcement of a decree of divorce directing the husband, within a day fixed, to make a deed of property awarded the wife or suffer judgment in a specified sum, the husband and his attorney left the courtroom, he is not bound by a subsequent announcement in his absence withdrawing the optional feature of the deed, and is not guilty of contempt in failing to make the deed within the time limited.</p> <p>Divorce — Temporary Injunction — Violation — Dissolution—-Final Judgment — Contempt. Where interlocutory orders in a divorce action, restraining the plaintiff from leaving the jurisdiction of the court and requiring him to make a deed of certain property awarded to the defendant, are not carried into the final judgment, they are of no force and plaintiff cannot be punished for contempt for a violation of the orders before entry of the final judgment; even though the final judgment recited that he was in contempt, since such recital did not continue the orders in force.</p> <p>Appeal — Dismissal—Right to Appeal — Inconsistent Position Since Judgment — Contempt—Divorce. The fact that a husband, divorced by the superior court of this state and enjoined from making any claim to property in British. Columbia awarded the wife, defended an action brought by the wife in British Columbia to enforce the divorce decree, denying the jurisdiction of the courts of this state and asserting title to the property, is not ground for the dismissal of his pending appeal from the decree of divorce, even though he commenced the divorce action asserting jurisdiction in the courts of this state, and even if his conduct in asserting title was contumacious; since appeal from a judgment is a matter of right al