174 Ind. 684 | Ind. | 1910
Appellee was charged with an indirect contempt by the filing of an affidavit alleging that on April 13, 1908, she was granted a divorce from Archillions King by the St. Joseph Circuit Court, given her maiden name of Ada J. Gripe, and prohibited from remarrying for a period of two years from said date; that said Ada J. King, alias Ada J. Branner, did wilfully, knowingly and corruptly violate said order of court by marrying William Branner on May 16, 1908, in St. Joseph, Michigan; that both parties to said marriage were, and had been for more than two years
This affidavit was not filed in the original cause for a, divorce, hut was filed as an independent proceeding entitled “In the matter of the charges against Ada J. Branner,” and conducted by that style up to this appeal. Upon the filing of this affidavit, a rule was entered against appellee to show cause, if any, why she should not be punished as for contempt, to which she appeared. An affidavit was then filed charging that she was about to leave the jurisdiction, and remain absent to avoid hearing and punishment, and upon this affidavit a motion was made by the prosecuting attorney to retiñiré her to give bond for her continued appearance, pending the determination of the cause. This motion was overruled, and the petitioner excepted, and her motion to discharge the rule, for the reason that the information did not state facts sufficient to constitute a contempt, was sustained, she was discharged, and the relator and the State severally excepted.
In the ease of civil rights and remedies, we do not doubt that in courts o£ general jurisdiction the strictness is not required that obtains in criminal or common-law contempts, and that in such cases the charge is sufficient when it is alleged that there was an order or judgment, and that it was violated. In this class of cases the evidence may be heard, while in criminal or common-law contempts the de
The court did not err, and the judgment is affirmed.