DocketNumber: No. 9635
Citation Numbers: 35 S.E.2d 81, 127 W. Va. 826
Judges: KENNA, JUDGE:
Filed Date: 7/10/1945
Status: Precedential
Modified Date: 1/13/2023
I respectfully dissent from that part of the majority opinion which holds that the order entered by the trial chancellor was an order for the payment of money only, *Page 832 a departure from the rule in contempt theretofore issued, and is therefore appealable.
The pertinent parts of the order from which this appeal was taken are as follows:
"And it further appearing to the court that the defendant, on March 2, 1943, was in [d]efault in the sum of $780.00 in his payments of alimony and maintenance money to the plaintiff under said decree of September 13, 1943 [1937] and the same is accordingly adjudged, ordered and decreed.
"It is further adjudged, ordered and decreed that the defendant, Howard V. Bailey, do pay unto the plaintiff said sum of $780.00, being the said amount of alimony and maintenance money due the plaintiff under said decree of September 13, 1937, as of March 3, 1943, within thirty days from the entry of this decree."
I do not think the portions of the order above quoted are ambiguous, but assuming that an ambiguity exists therein, in order to resolve any doubt arising from the meaning and effect thereof, the petition and answer may be inspected in order to determine the meaning of the order. Jones v. Kuhn,
*Page 833
Instead of reversing the order of the Circuit Court of Harrison County, I would dismiss the appeal as improvidently awarded for the reason that the order from which the appeal was taken is interlocutory only.
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