Embshoff v. Embshoff

Decided June 5, 1909

Ohio Circuit Courts · decided 1909-06-05

In the court below the wife was decreed $4.50 per week alimony. On appeal to the circuit court by the husband, the same decree was granted, and the case remanded to the common pleas for execution. On remand the common pleas committed the husband to jail for contempt of court for failing and refusing to pay the alimony decreed. The wife then brought an action before a justice of the peace on the bond for appeal to the circuit court for $40 unpaid alimony.

Relies on Guenther v. Jacobs

Decided 1909-06-05

GIFFEN, J.

¶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.

¶3The adequacy of alimony decreed cannot be collaterally drawn in question especially by a stranger to the suit. Hare v. Gibson, 32 Ohio St. 33 [30 Am. Rep. 568].

¶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.

Swing and Smith, JJ., concur.