Baxter v. Baxter

Supreme Court of Georgia

Baxter v. Baxter

172 S.E.2d 695, 226 Ga. 129, 1970 Ga. LEXIS 459

CourtSupreme Court of Georgia

DecidedFebruary 5, 1970

Docket25643

StatusPublished

Cited by2 cases

This text of 172 S.E.2d 695 (Baxter v. Baxter) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baxter v. Baxter, 172 S.E.2d 695, 226 Ga. 129, 1970 Ga. LEXIS 459 (Ga. 1970).

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Opinion

Mobley, Presiding Justice.

In a pending action for divorce and alimony, a citation for contempt was filed by the plaintiff wife against the defendant husband for violation of an order of the court ordering the defendant and his wife not to “communicate with the other, other than through their attorneys,” and ordering the defendant “not to follow plaintiff around or call her on the telephone either at her home or her place of employment, or have third parties call or communicate with her.” After a hearing, the court found the defendant in contempt of court for violation of the order and sentenced him to 5 days in jail. The appeal is from that order.

While the evidence is conflicting, the wife testified positively that her husband called her over the telephone on August 8, and “threatened her,” and that: “He said if I didn’t go back with him, he said I was pushing him too far and I would be sorry for it. He has beaten me up on previous occasions.” She testified further that she saw him parked in the parking lot of her apartment house at 8 o’clock on Saturday night, August 16, across and up a little bit” from the windows of her apartment. She had telephone calls from a friend of his urging her to go back to him, but both he and the caller testified that these calls were not made at his instance. The evidence that he called her over the telephone and threatened her is sufficient to support the charge of wilful disobedience of the order of the court.

Judgment affirmed.

All the Justices concur.

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Mobley, Presiding Justice.

In a pending action for divorce and alimony, a citation for contempt was filed by the plaintiff wife against the defendant husband for violation of an order of the court ordering the defendant and his wife not to “communicate with the other, other than through their attorneys,” and ordering the defendant “not to follow plaintiff around or call her on the telephone either at her home or her place of employment, or have third parties call or communicate with her.” After a hearing, the court found the defendant in contempt of court for violation of the order and sentenced him to 5 days in jail. The appeal is from that order.

While the evidence is conflicting, the wife testified positively that her husband called her over the telephone on August 8, and “threatened her,” and that: “He said if I didn’t go back with him, he said I was pushing him too far and I would be sorry for it. He has beaten me up on previous occasions.” She testified further that she saw him parked in the parking lot of her apartment house at 8 o’clock on Saturday night, August 16, across and up a little bit” from the windows of her apartment. She had telephone calls from a friend of his urging her to go back to him, but both he and the caller testified that these calls were not made at his instance. The evidence that he called her over the telephone and threatened her is sufficient to support the charge of wilful disobedience of the order of the court.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

172 S.E.2d 695, 226 Ga. 129, 1970 Ga. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-baxter-ga-1970.

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