Carper v. Carper

Mississippi Supreme Court
Carper v. Carper, 94 Miss. 598 (Miss. 1909)
48 So. 186
Fletcher

Carper v. Carper

Opinion of the Court

Fletcher, J.,

delivered the opinion of the court.

We have no difficulty in reaching the conclusion that the chancellor very properly refused to permit-the debtor of the de-, fendant, against whom a decree for alimony pendente lite and counsel fees had been rendered, to be harassed with contempt proceedings. He was an ordinary debtor of the respondent, and to punish as a contempt of court his failure to pay his obligation-would be nothing more nor less than an imprisonment for debt. He occupies an attitude entirely different from the husband, who after proper inquiry was directed to pay alimony and suit money. Because, upon well-settled principles, the husband can be required to defray these charges or suffer the penalty imposed for contempt of court, it does not follow that the court ' may extend this authority over third persons who are so unfortunate as to be indebted to the husband. Authorities dealing with trustees in charge of specific funds, or persons having the-control of specific property, have no application to a mere indebtedness, which can never be treated as a fund under the control of the court. Affirmed.

Reference

Full Case Name
Lucy Carper v. Samson Carper
Cited By
1 case
Status
Published
Syllabus
Divorce. Alimony. Enforcement of decree. Contempt proceedings. Imprisonment for debt. Where, In a divorce suit joined with a proceeding in the nature of an attachment in chancery for alimony, the complainant wife obtained a decree against the defendant husband for alimony pendente lite and suit money which ordered the husband’s codefendants to pay into court the sums admitted by .them to be due the husband, the codefendants, debtors of the husband, cannot be adjudged in contempt of court for failure to make payment as directed.