188 Ind. 60 | Ind. | 1919
This appeal is from a judgment of the superior court of St. Joseph .county rendered in a proceeding for indirect contempt of that court. The facts were brought to the attention of the court by a verified information filed therein by one S. R. Thomas, the courtroom bailiff, by which information the court was given to understand 'and know that appellant was, on March 27, 1918, the editor of the South Bend Times, which was a daily newspaper published at the city of South Bend, Indiana. From the facts stated in the information it appears that a divorce had been granted by the St. Joseph Superior Court to the plaintiff in a proceeding entitled Emma B. Rineholt v. Landon B. Rineholt, and that the decree awarded to the plaintiff the custody of a child and made provision for the payment by the defendant for the support of such child the sum of two dollars on Monday of each week until the further order of the court. It further appears that on November 5, 1917, the defendant filed a petition to modify the order
The trial court erred in refusing to discharge appellant upon the facts stated in his own sworn answer. Other questions presented are not considered. The judgment is reversed, with instructions that appellant be discharged.
Note. — Reported in 121 N. E. 828. Contempt, definition, 185 Am. St. 272. See under (2) 9 Cyc 44.