Lindsey v. Lindsey
Lindsey v. Lindsey
Opinion of the Court
This is an appeal by A. P. Lindsey from a decree of the Chancery Court of Hinds County, which, in response to the petition of Mrs. Jewel Noblin Lindsey, adjudged him guilty of contempt of court for failure to pay alimony.
The facts in connection with the origin and inception of this case are detailed at length in the opinion in the case of A. P. Lindsey v. Mrs. Jewel Noblin Lindsey, No. 38986, which was affirmed by this Court on January 11, 1954, and is reported in Miss. Advance Sheets, Yol. 48, page 8. In that case, the appeal was taken from the provisions of a decree of date of December 5, 1952, which required Lindsey to pay to Mrs. Lindsey (1) $500 as a lump sum settlement for all sums due her under the terms and provisions of former decrees and for application on her medical bills and other debts, (2) $100 per month thereafter for her support and maintenance, and (3) $150 for attorney’s fees.
After the appeal in that cause had been perfected, with supersedeas,' Mrs. Lindsey filed a petition for the enforcement of the terms of a decree of date of February 6, 1950, claiming that Lindsey was in arrears for support and other items due thereunder in the aggregate sum of
The trial court thus passed upon the same matters, in part, which had been determined in the previous decree of December 5, 1952. Since an appeal with supersedeas from that decree was pending, the court was without jurisdiction to consider this cause.
When the statutory bond for appeal from a decree of the chancery court is given and approved, the case is ipso facto removed into the Supreme Court. The successful party may, if the appeal is without supersedeas, proceed to execute on the decree; but, if it is with supersedeas, execution thereon is suspended. See Sivley v. Sivley, 96 Miss. 134, 50 So. 552; McDowell v. Minor, 159 Miss. 572, 132 So. 565; Evans v. Hood, 195 Miss. 743, 15 So. 2d 37; Stone v. McKay Plumbing Co., 200 Miss. 792, 26 So. 2d 349, 30 So. 2d 91.
It follows that this cause must be, and is, reversed and dismissed. Since attorney’s fees were not allowable by the trial court, such fees cannot be allowed here.
Keversed and dismissed.
Reference
- Full Case Name
- Lindsey v. Lindsey.
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Appeal — supersedeas — jurisdiction — contempt — failure to comply with former decree. Where an appeal with supersedeas was pending from decree of December 5, 1952, commuting into lump sum, alimony due under decree of February 6, 1950, and ordering attorney's fees and increased monthly support, Court was without jurisdiction to entertain petition to have defendant adjudged guilty of contempt for failure to comply with its decree of February 6, 1950, it having passed upon such matter in its decree of December 6, 1952. 2. Appeal — effect of — with or without supersedeas. When statutory bond for appeal from decree of chancery court is given and approved, the case is ipso facto removed into the Supreme Court, and the successful party may, if the appeal is withoutPage 721 supersedeas, proceed to execute on the decree, but, if it is with supersedeas, execution thereon is suspended. Headnotes as approved by Lee, J.