Fine v. Fine
Fine v. Fine
Opinion of the Court
Opinion by
This is an appeal by the defendants from an order and adjudication in contempt in failing to comply with the decree of the court below, entered on the equity side.
The inception of the proceedings is fully set forth by the Supreme Court in Fine v. Fine, 366 Pa. 227, 77 A. 2d 436, from which we quote: “A husband, separated from his wife, filed a bill in equity against his wife, her mother and two brothers, demanding that they return to him furniture and furnishings which they removed from the husband’s and wife’s apartment, and which is presently in the wife’s possession.
During the pendency of the original proceedings the defendants agreed to place the chattels in question in storage, and some of them were so stored. On final decree the defendants failed to return all the chattels to the plaintiff, and the rule for the instant attachment was issued. Defendants filed an answer denying that they had had possession of the missing chattels, and averring that they were not responsible for such of the chattels that were in storage but damaged; but the defendants offered no testimony.
Plaintiff supplied ample evidence for his position. Judge Alessandroni, for the court below, went into a full hearing, found against the contentions of the defendants, and entered an order, inter alia, as follows : “. . . and upon failure of the defendants to peacefully comply with this Order [the final decree in the original case], it is ordered and decreed that the defendants, and each of them, shall .stand committed until said Order is complied with.” The court’s decree in the attachment proceeding also provided, in substance, that
The value of the goods missing and damaged was fixed by the court in accordance with depositions taken by agreement, and the amount fixed is fully sustained by the evidence.
The defendants are merely trying to prolong both the litigation and compliance with the decree by a succession of maneuvers with a change of lawyers at nearly every phase.
Decree affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.