LEONARD v. LEONARD


341 S.W.2d 740 (1960)

Anna Jackson LEONARD v. Byron LEONARD.

Supreme Court of Tennessee.

December 9, 1960.


Attorney(s) appearing for the Case

J. Mayes, Rogersville, for petitioner, Byron Leonard.

Phillips & Hale, Rogersville, for respondent, cross-petitioner, Anna Jackson Leonard.


BURNETT, Justice.

The question for decision in this suit is whether or not a decree of contempt based on a petition for failure to pay installments of alimony is void because it contains no finding that the defendant was able to comply with the decree and wilfully refused to pay the amount in arrears. Our answer to this question is in the negative for reasons hereinafter expressed.

The wife sued her husband in 1956 for divorce and obtained a decree which among...

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