Citation Numbers: 185 S.W.2d 251, 299 Ky. 232
Judges: OPINION OF THE COURT BY JUDGE CAMMACK
Filed Date: 1/23/1945
Status: Precedential
Modified Date: 1/12/2023
Affirming.
Charles D. Grayson was committed to jail on December 11, 1943, under the following order of the judge of the Campbell Circuit Court:
"This matter having been submitted upon the relator's motion to make the rule herein absolute, respondent having filed his written response, the Court having heard the evidence on the part of the relator and also on the part of the respondent, it is now ordered that said response is legally insufficient and said evidence introduced by respondent inadequate and insufficient *Page 233 to purge him of contempt in refusing to obey the order of the Campbell Circuit Court in the case of Nellie Clay Grayson v. Charles Durand Grayson entered on November 25, 1942, it is now ordered that said rule be absolute and the respondent committed to the county jail at Alexandria, Kentucky, until such time as he complies with the order of the Court or is ordered discharged by law.
"Ray L. Murphy, Judge."
On December 17th, Grayson petitioned the Campbell County Court to take the oath of an insolvent debtor and for discharge from jail as such. KRS
Reversal is urged upon the ground that, in the absence of a specific pleading or showing to the contrary, a person jailed for contempt can not be discharged as an insolvent debtor, because it is to be presumed he was imprisoned for a contempt committed in open court and not for a contempt for failure to pay money. Reliance is placed upon the case of Hall v. Hall,
The controlling question here is, May an appeal be had from such an order. KRS 23.030 relates to appeals *Page 234
from inferior courts to the circuit court. The section enumerates a number of specific instances where an appeal will lie, and concludes with these words: "In all other cases allowed by law." There are numerous rulings to the effect that appeals from inferior courts to circuit courts are only such as are expressly allowed by statute. O'Neal v. Minary,
Among other things, KRS
An analogous situation pertains with respect to section 177 of the Civil Code of Practice. That section provides that a defendant against whom an order of arrest has been obtained may apply to have the order vacated or the amount of bail reduced, and that the decision of the judge upon the motion shall be final in the action, but shall not affect the rights of the parties in any other action. In the case of Porter v. Griffin,
As we have noted, KRS
In the case at bar it may be conceded that the county judge was acting beyond the scope of his jurisdiction, because the order of the circuit judge committing Grayson to jail for contempt made no reference to his refusal to pay alimony, and further the circuit judge should not have entertained the appeal. However, Mrs. Grayson was not left without a remedy. The course she should have pursued was that followed by the wife in the Hall case, supra, namely, to have the county judge prohibited from acting on the petition for a release.
Wherefore, the judgment is affirmed.
Whole Court sitting.