Parker v. Reaves
Parker v. Reaves
Opinion
This is an appeal from a judgment of contempt. An appeal will not lie from an order of contempt; the proper method of review is by certiorari or, if the party is in jail, by habeas corpus.Oyler v. Gilliland,
Appellants, Samuel L. Parker and Anna Parker, request in their brief that their appeal be treated as a petition for certiorari. See, e.g., Vaughn v. Vaughn,
The Parkers were enjoined from "keeping, housing, breeding, boarding, raising, or training dogs on their property located at 606 Jay Street, Oxford, Alabama, except that defendants shall not be prohibited from keeping a reasonable number of household or yard pets." After a hearing on plaintiffs' petition for a finding of contempt, the court entered a judgment finding that the Parkers "have willfully violated the Judgment of this Court"; the court reserved the question of punishment, ordered the Parkers to pay costs and attorney fees in the sum of $887, directed the register to inspect the premises, and retained jurisdiction.
The Parkers' attack upon the judgment of contempt first disputes any factual basis for the judgment. After a review of the record, we find that facts were presented in support of the claim and the finding that the Parkers were willfully violating the injunction. For example, there was evidence that they had as many as six German shepherd dogs at a time in their house and backyard kennels, and there was evidence that they gave or sold a young dog to a man.
They next claim that the injunction was too vague to be enforceable. This Court affirmed the injunction on appeal, and no attack was then made as to vagueness. Parker v. Reaves,
Because the Parkers have filed an appeal rather than a petition for writ of certiorari, and because we see no reason to overlook that error and treat the filing as a petition for writ of certiorari, the appeal is due to be, and it is hereby, dismissed.
APPEAL DISMISSED.
TORBERT, C.J., and MADDOX, BEATTY and HOUSTON, JJ., concur.
Reference
- Full Case Name
- Samuel L. Parker and Annie Parker v. James Reaves
- Cited By
- 7 cases
- Status
- Published