78 Wash. 412 | Wash. | 1914
The appellant was adjudged in contempt of the lower court in failing to pay the sum of $3,000 suit
We think the court plainly erred in finding the appellant guilty of contempt of court. He appeared in answer to the show cause order and stated that he had no property; that all of his property had been turned over to the receiver appointed by the court. The court, without a further hearing, evidently disbelieving the affidavit of the appellant, adjudged him guilty of contempt and sent him to jail. It is plain that the appellant was entitled to a respectful hearing upon this showing. If all his property had been turned over to the receiver, as he alleged, the court had the power to order the receiver to pay the money, and had no authority to adjudge the appellant guilty of contempt. If the appellant’s property had not been turned over to the receiver, that fact could readily have been established so that there could be some justification upon the record for disbelief of the appellant’s affidavit. In the absence of some contrary showing upon the record, we must assume that the appellant’s affidavit was truthful.