Summary
In Hanson v. Hanson (1928), 83 Mont. 428, 272 P. 543, the District Court held a hearing concerning the plaintiff's alleged contempt in failing to comply with the terms of a decree of divorce.
Summary of this case from In re the Marriage of O'Neill v. O'NeillOpinion
No. 6,337.
Submitted December 4, 1928.
Decided December 17, 1928.
Contempts — Orders Final — Dismissal of Appeal. 1. Under section 9921, Revised Codes 1921, providing that the judgment and orders made in a case of contempt are final and there is no appeal, an attempted appeal from an order dismissing a proceeding in contempt after a hearing will be dismissed.
Appeal from District Court, Lewis and Clark County; W.H. Poorman, Judge.
Mr. C.A. Spaulding, for Appellant.
Mr. A.P. Heywood, for Respondent.
For failure to comply with the terms of a decree of divorce plaintiff was cited for contempt. Upon the hearing the court found him not guilty and entered an order dismissing the contempt proceeding. From this order the defendant, who brought the proceeding, has attempted to appeal, but in the face of section 9921, Revised Codes 1921, which provides in part that "the judgment and orders of the court or judge, made in cases of contempt, are final and conclusive, and there is no appeal," nothing remains for us to do but to dismiss the attempted appeal, and it is so ordered. (See State ex rel. Northern P. Ry. Co. v. Loud, 24 Mont. 428, 62 P. 497.)
Dismissed.