109 Neb. 776 | Neb. | 1923
In the divorce action of Jeanette M. Altis, plaintiff, v. Charles T. Altis, defendant, the defendant was adjudged guilty of contempt of court for Avilful failure and refusal to obey an order of the court directing the defendant to pay support money for the wife and children during the pendency of the divorce action, and he was sentenced to jail until he paid the allowance or gave bond for the family’s support.
Defendant gave notice of appeal, and filed an affidavit stating that he was unable, on account of poverty, to pay the costs of a bill of exceptions, and prayed the court to direct the reporter to make and deliver to defendant bill of exceptions, the fees therefor to be charged to and paid by Lancaster county. Affidavits Avere filed for and against the application; the court refused the requested order, and the reporter refused to make bill of exceptions for the defendant until the fees therefor were paid.
Two errors are assigned: First, the court was without poAver to punish the defendant for failure to pay the support money; second, the court erred in refusing the request to require the reporter to furnish bill of exceptions.
The case of Cain v. Miller, ante, p. 441, disposes of plaintiff in error’s first contention. The testimony not being before us, we must assume that there is sufficient evidence to support the judgment.
Affirmed.