Hubbard v. Hubbard
Hubbard v. Hubbard
Opinion of the Court
This is an appeal from an order adjudging the appellant to be in contempt of court for having failed to pay certain accrued alimony. It is admitted that the alimony is unpaid, and the reason assigned is inability of the appellant to pay it.
The evidence as to the appellant’s financial condition is his own testimony, which certainly shows that he is a good deal involved, has many obligations unpaid, and that his assets are largely of such a nature that they cannot be realized upon. He says that he applied to his bank for a loan and his application was refused, but shows no other attempt to borrow the money necessary to pay the accrued alimony. He is farming land, the title to which is vested in his mother, under an oral agreement that the net proceeds of his farming operations shall be first used to pay off some
The trial court saw and heard the witness and he is in a much better position than are we to determine the truth of his statements, and whether or not he made full and fair disclosure. The amount of alimony in arrears was but $450, and we cannot say that the trial court was not justified in holding that appellant could have raised that sum by the sale or pledging of the hay or the automobile, or both; or that he might not have obtained further advances to that extent upon his fruit crop. There is nothing involved but a question of fact as to appellant’s ability to pay. He is an interested party, and his testimony must be weighed in the light of that fact. We cannot, therefore, say from the full record that it was error to enter the order appealed from.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.