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96 Ky. 505

Brown v. Brown

Court of Appeals of Kentucky

Decided January 30, 1895

Court of Appeals of Kentucky · decided 1895-01-30

Casis 82 — ATTACHMENT FOB CONTEMPT — APPEAL PROM CALDWELL CIRCUIT COURT. The judgment complained of is a final order or its equivalent, and, therefore, the appeal lies. This is not a case of contempt. (1 Am. & Eng. Enc. of Law, pp. 617, 618; Banton v. Campbell, 2 Dana, 422; Apple-gate v. Applegate, 4 Met, 236.) No appeal lies from the action of the court sought to he revised, it being a mere proceeding for contempt.

Good law ✅— No negative treatment on recordhow we know

Decided 1895-01-30

How this case has been cited

Cited by 6 later decisions — most recently October 1937

6 state decisions

4018951900191019201930decided

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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•JUDGE HAZELRIGG

¶1delivered the opinion of the court.

¶2After a protracted litigation the appellants succeeded in obtaining a judgment in the court below against the appellees for some four thousand dollars, which was ordered by the chancellor to be paid to his master commissioner on or before a date named in the order. Failing to comply with the order, attachments for contempt were granted, and written responses filed by each recusant, showing that the sole reason why the money had not been paid was because of financial inability so to do. Upon proof heard in open court the learned judge below was of opinion that the delinquents were, in fact, unable to comply with the order, and discharged the attachments against their persons. From this order of discharge this appeal is prosecuted.

¶3The exercise of the power to punish for contempt is not generally subject to revision; but judgments and sentences for civil contempts especially have been the subject of review by this court to the extent at least of seeing that the sum required to be *507paid is in fact due, and the conditions on which the contemnor should be discharged. Our attention has not been called, however, to any case in this or any other court in which the finding below, to the effect that there is no contempt, has been reviewed or reversed.

¶4From the very nature of the case, the order is not final, and, moreover, does not affect the property rights of the appellants. We may say, however, the order of discharge seems to have been entirely proper under the facts disclosed by this record, and would not in any event be disturbed. '

¶5The appeal is dismissed for the reason indicated.

Judge G-eage not sitting.
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