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RICHARDSON v. RICHARDSON

No. 11760.

207 F.2d 133 (1953)

RICHARDSON v. RICHARDSON.

United States Court of Appeals District of Columbia Circuit.

Decided July 30, 1953.

Attorney(s) appearing for the Case

Fred Somkin, Washington, D. C., submitted on the brief for appellant. John J. O'Brien, Washington, D. C., was also on the brief for appellant.

Arthur L. Willcher, Washington, D. C., submitted on the brief for appellee. Daniel J. Andersen and Warren E. Magee, Washington, D. C., entered appearances for appellee.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

PER CURIAM.

The District Court adjudged appellant in contempt for default in payment of alimony to appellee. It did so without taking oral testimony, although the parties had filed conflicting affidavits concerning the basic issue whether default was voluntary and therefore contemptuous. In our opinion the affidavits do not provide a basis for resolution of this issue. Cf. Richardson v. Richardson, 92 U.S.App.D.C. —, 201 F.2d 211<...

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