EDGERTON, Associate Justice.
This is an appeal from an order refusing to quash a writ of ne exeat and directing that it continue in force.
Appellant and appellee are husband and wife. They live apart under a decree of limited divorce, with alimony, which appellee obtained some years ago. On January 13, 1941, she filed against appellant the complaint which led to this appeal. She alleged that he had defaulted in alimony, and asked that he be adjudged in contempt. She also alleged that he was about to leave this jurisdiction to go to Nevada and asked, therefore, that a writ of ne exeat be issued to prevent him from leaving the jurisdiction of the court "pending a determination hereof." The court at once ordered appellant to show cause why he should not be adjudged in contempt, and directed the clerk to issue "the writ of Ne Exeat." The writ was issued and served, but is not in the record. Evidently it required appellant to remain in the District of Columbia,
Appellant first appeared "specially, for the purpose of this motion and none other," and moved to dismiss the complaint, discharge the order to show cause, and discharge the writ of ne exeat, all on the ground that he had returned to the District to answer a criminal charge and that, therefore, the court had no jurisdiction over him.
Thereafter, on February 28, appellant answered the complaint and the rule to show cause. At the same time, he moved for a rehearing of his "motion to discharge the writ of ne exeat for want of jurisdiction." But in the alternative, should his motion for rehearing be overruled, he now moved to quash the writ on the ground that the facts did not warrant its issuance.
The contempt charge was tried on February 28. Appellant was adjudged in contempt, committed to jail for 30 days, and immediately taken into custody. On March 31 the court, apparently without taking proof by testimony or deposition, overruled his motion to quash the writ of ne exeat along with his motion for a rehearing on the motion to dismiss. It ordered that the writ "continue in force."
Expiration of appellant's sentence for contempt did not oblige the court to quash the writ, since arrears of alimony apparently remained unpaid. However, since the writ deprived appellant of his liberty, he was entitled to a prompt disposition of his motion to quash. This the court gave him. But since he had denied the allegations of the complaint, he was further entitled to a full hearing. A full hearing includes, of course, a full opportunity to introduce oral
If, at a hearing, appellant had offered no testimony whatever, it would nevertheless have been necessary to quash the writ unless appellee introduced substantial evidence in its support.
Appellee urges that the order of March 31, from which this appeal is taken, was not a "final order" and therefore not appealable. Few orders are more final, since it undertook to confine appellant after judgment, and without limit of time, to the narrow limits of the District of Columbia. The finality of an order depends not upon its name, its propriety, or its normal function, but upon whether it "disposes of the whole case on its merits" so that the court has "nothing to do but to execute the judgment or decree * * * already rendered."