[Download] "State Indiana Ex Rel. Sims v. Hendricks" by 363 Supreme Court of Indiana No. 29 # eBook PDF Kindle ePub Free

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eBook details

• Title: State Indiana Ex Rel. Sims v. Hendricks
• Author : 363 Supreme Court of Indiana No. 29
• Release Date : January 17, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The Hendricks Circuit Court granted Nina G. Sims an absolute divorce from the relator, and the court made a full Disposition
of the property rights which included awarding her $72,407.93 alimony. There was also an award of $14,051.00 counsel fees.
Thereafter, on October 6, 1955, relator paid the judgment in full. On September 9, 1955, Nina G. Sims filed her petition for
support pending an appeal by relator, and for counsel fees and expenses to defend the appeal. On October 28, 1955, the trial
court entered a finding and judgment for Mrs. Sims granting her $100.00 a week support, and expenses on appeal, including
counsel fees, in the sum of $1,800.00. On December 9, 1955, the trial court issued a rule to show cause against the relator
requiring him to appear and show cause why he should not be punished for contempt of court for failure to comply with the
judgment of October 28th. We issued a temporary writ of prohibition prohibiting the trial court from proceeding further with
this contempt proceeding. The issue now presented is whether the trial court had jurisdiction to enter the judgment ordering relator to pay support
and expenses of appeal for Mrs. Sims. A writ of prohibition is only authorized to restrain and confine the lower court to
its lawful jurisdiction. Section 3-2201, Burns' 1946 Replacement, Supp. State ex rel. Wever v. Reeves (1951), 229 Ind. 164,
168, 96 N.E.2d 268; State ex rel. Williams v. Goshorn, Judge (1942), 220 Ind. 369, 43 N.E.2d 870; State ex rel. McMinn v.
Gentry (1951), 229 Ind. 615, 618, 100 N.E.2d 676. Errors which do not affect the jurisdiction of the court must be presented
by appeal.

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