74 S.E. 928 | S.C. | 1912
May 17, 1912. This is an application before me at chambers, for an order staying proceedings in the above stated case, pending an appeal to the Supreme Court. *412
The main question argued before me was, whether such order should be granted, as there was not a separate appeal from the order of his Honor, Judge H.F. Rice, adjudging the appellant guilty of contempt, in refusing to obey the order of his Honor, Judge John S. Wilson, requiring him to pay certain sums of money for alimony, pendente lite.
In the case of State v. Nathans,
"The judgment in a civil contempt proceeding, is a judgment in a civil case, and if the order to which the civil contempt proceedings attached as an incident, is set aside for any cause, the proceedings in civil contempt fall with it.Pelzer, Rodgers Co. v. Hughes,
If the order requiring the appellant to pay alimony pendentelite should be set aside, then, the order adjudging the appellant guilty of contempt of Court, would fall with it. Under these circumstances the order of his Honor, Judge H.F. Rice, should be stayed pending the appeal to this Court, from the order of his Honor, Judge John S. Wilson, *413 upon the appellant entering into bond, to save the respondent harmless, by reason of this order, in the sum of five hundred ($500.00)) dollars, and it is so ordered.