141 P.2d 1006 | Okla. | 1943
G.C. Van Horn, hereinafter referred to as appellant, prosecutes this appeal from a judgment of the district court of Payne county predicated upon a jury verdict which found appellant guilty of contempt of court for failing, neglecting, and refusing to make certain payments of alimony in conformity to a judgment entered against him in said court, and in favor of Malda Mae Van Horn, hereinafter referred to as appellee. The appeal is by petition in error and transcript of the record.
Upon appeal the appellant attacks the sufficiency of the petition for citation on the ground that it fails to allege facts sufficient to show that the failure of appellant to comply with the judgment of the court was willful. This was an amendable defect. Townsend v. Townsend,
As a second proposition, appellant contends for reversal of the cause for the reason that the citation issued against him was signed by the district judge and not by the clerk of the court. He relies wholly upon 12 O. S. 1941 § 28, which is a general statute relating to the duties of court clerks and provides that all writs and orders for provisional remedies and process of every kind shall be issued by the clerks of the several courts upon a praecipe filed with the clerk demanding the same. As pointed out in the case of Woodworth v. Woodworth,
No error appears upon the face of the record presented herein, and the cause is affirmed.
CORN, C.J., GIBSON, V.C.J., and BAYLESS, WELCH, HURST, and DAVISON, JJ., concur. RILEY and ARNOLD, JJ., absent.