Public-domain · open source
OpenJurist

102 Ohio St. (N.S.) 674

Heflebower v. Heflebower

Ohio Supreme Court

Decided May 24, 1921

Ohio Supreme Court · decided 1921-05-24

The facts in this case are in substance as follows: On the 31st day of January, 1910, Robert C. Heflebower filed his petition against Helga V. B. Heflebower, his wife, for divorce, on the ground of wilful absence. Defendant answered by general denial and cross-petition.

Decided 1921-05-24

By the Court.

¶1The court of insolvency found in favor of the former wife on the contempt charges. On prosecution of error to the court of appeals, that court reversed upon the ground that the court of insolvency had no jurisdiction to make the order of alimony in the original case.

¶2Clearly the original judgment for divorce and alimony has in its favor the presumption of validity. That presumption is general, and therewith is the further presumption that the court had before it proper and sufficient evidence to support its judgment.

¶3If the trial court failed in jurisdiction, or failed by reason of incompetent or insufficient evidence, the party prejudiced might have prosecuted appeal or error to the higher court.

¶4The defendant in error in this case not only failed to prosecute appeal or error for more than six years, but reinforced the presumption of validity by concurring in that judgment and making the payments of alimony in accordance therewith.

¶5To all legal intents and purposes that judgment was a final and valid judgment against the defendant, unreversed and unmodified for a period of more than six years. He cannot thereafter in a proceeding in contempt for failure to continue obedience to the order raise the question of original jurisdiction to make the order, based upon what the evidence *678was in the original hearing on divorce and alimony.

¶6Clearly as a matter of common sense, .common law, and common justice, he ought not, after concurring in the order for six years, be thereafter heard to complain by a collateral attack in a contempt proceeding. If he had any remedy whatsoever, it was by motion to modify the former order.

¶7Judgment reversed.

Johnson, Wanamaker, Robinson, Jones and Matthias, JJ., concur.Marshall, C. J., concurs in the judgment.
/102/ohiost(ns)/674 · .json · Public domain