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83 Kan. 238

In re Groves

Supreme Court of Kansas

Decided July 9, 1910

Supreme Court of Kansas · decided 1910-07-09

<p>Original proceeding in habeas corpus.</p>

Relies on Scott v. Scott · In re the Petition of Burrows

Good law ✅— No negative treatment on recordhow we know

Petitioner remanded · Decided 1910-07-09

How this case has been cited

Cited by 5 later decisions — most recently July 1991

5 state decisions

10191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1The petitioner was committed to jail by an order of the district court for contempt, and seeks release from such imprisonment. In an action against him for divorce, wherein he was personally served *239with summons, the petitioner was adjudged to pay the sum of $16.66 per month for the support of his minor child. He neglected to comply with this order. After several payments had become due an attachment was issued against him. When arrested and brought before the court an accusation was presented and an answer filed, and he was regularly tried, found to be in contempt, and sentenced to confinement in jail for thirty days and until he should comply with the order of the court by making the specified payments.

¶2The petitioner contends that the court had no jurisdiction to enforce its order by attachment. In this he is mistaken. (Code 1909, §§ 669-673; Scott v. Scott, 80 Kan. 489.)

¶3He also insists that because there is no special finding of his financial ability the order can not be upheld. The general finding against him upon the issues tried upon the accusation, the answer and the evidence is sufficient. He did not ask for findings of fact, and he does not present the evidence. We must therefore presume that it was sufficient.

¶4He further contends that there is no authority to imprison for failure to pay the costs. If this were true he still could not be discharged, for he has not complied with the order requiring him to pay the installments due. It is probable, however, that the authority to require the payment of costs is incidental to the power to punish for contempt in such a case. It has been so held in proceedings supplementary to execution. (In re Burrows, Petitioner, 33 Kan. 675.)

¶5Having considered the three specifications upon which the discharge is asked and found them insufficient, the petitioner is remanded to the custody of the sheriff of Graham county.

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