Embshoff v. Embshoff

Decided June 5, 1909

Hamilton Circuit Court · decided 1909-06-05

In the court below the wife in this case was decreed $4.50 per week alimony. The husband appealed to the circuit court, which granted the same judgment as the common pleas, and remanded the case to the common pleas for execution. Thereafter the common pleas court committed the husband to jail for contempt in failing and refusing to pay the judgment, and the wife brought an action before a justice of the peace on the bond for appeal to the circuit court for $40 unpaid alimony.

Decided 1909-06-05

¶1While the case of Guenther v. Jacobs, 44 Wis., 354, sustains the contention of counsel that the demurrer to the petition should have been sustained, yet the decisions in this state lead to a different conclusion.

¶2Alimony decreed in installments may be enforced by execution. Piatt v. Piatt, 9 Ohio, 37.

¶3 *238The adequacy of alimony decreed can not be collaterally drawn in question especially by a stranger to the suit. Hare v. Gibson, 32 O. S., 33.

¶4The 'husband is not complaining, and the installments due are in legal effect a judgment, the collection of which may be' enforced by an action upon"the appeal bond, without first obtaining the consent of the court rendering the decree.

¶5Judgment affirmed.

¶6Same judgment in case No. 4715.