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WELBORN v. MIZE

39862.

107 Ga. App. 427 (1963)

130 S.E.2d 623

WELBORN v. MIZE et al.

Court of Appeals of Georgia.

Rehearing Denied February 28, 1963.

Attorney(s) appearing for the Case

Oliver, Oliver & Gunter, Jack Gunter, for plaintiff in error.

Kimzey & Kimzey, Herbert B. Kimzey, contra.

BELL, Judge.

This appears to be an action for criminal contempt. Criminal contempt is that which involves some disrespectful or contumacious conduct toward the court. Davis v. Davis, 138 Ga. 8 (1b) (74 SE 830). Where the petitioner prays that the defendant be adjudged in contempt in order to obtain some remedial relief, the contempt is civil, not criminal. Cobb v. Black, 34 Ga. 162. Cf. Howard v. Durand, 36 Ga. 346 (91 A.D. 767), and

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