Opinion
Gen. No. 44,402. (Abstract of Decision.)
Opinion filed October 18, 1949 Released for publication November 3, 1949
CONTEMPT, §§ 39, 41 — unwarranted order. An order finding respondent guilty of contempt "under the Habeas Corpus Act" and summarily sentencing respondent to six months in jail for contempt because of failure to produce his minor child in response to writ of habeas corpus procured by respondent's divorced wife, to whom custody of child had been awarded by decree of a California court, was not warranted under the Act, where order was entered at conclusion of informal hearing held two days after respondent was served with writ and taken into sheriff's custody without issuance of a writ of attachment, and respondent filed return to writ stating that he had relinquished custody of child to his son-in-law a few hours before writ was served; nor could order be sustained under court's inherent power to punish for contempt where respondent's course of action occurred out of court's presence, and respondent was not served with notice, citation or rule to show cause and was not given reasonable opportunity to meet charge of contempt (Ill. Rev. Stat. 1947, ch. 65, pars. 15, 30; Jones Ill. Stats. Ann. 109.327, 109.342).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOHN A. SBARBARO, Judge, presiding.
Order reversed. Heard in the second division, first district, this court at the April term, 1948;
George S. Stansell, for appellant;
Samuel L. Golan, of counsel;
Win. Scott Stewart, for appellee.
Not to be published in full. Opinion filed October 18, 1949; released for publication November 3, 1949.