State Ex Rel. of Kinne v. Jameson

242 P. 36, 137 Wash. 261, 1926 Wash. LEXIS 555

• Court: Washington Supreme Court
• Decided: January 8, 1926
• Docket: No. 19495. Department One.
• Status: Published

Opinion

Holcomb, J.

This is an appeal from a civil contempt proceeding, growing out of an alleged interference and obstruction of tbe judgment of tbe trial court in a divorce proceeding in which both tbe former wife of relator, and an associate whom she afterwards married, who is respondent in this case, were proceeded against. It seems that tbe wife was found guilty of tbe contempt, and respondent was not. From the' dismissal of tbe proceeding against respondent relator appeals.

No findings of fact were made by tbe trial court, and under tbe rule announced in State ex rel. Dunn v. Plese, 134 Wash. 443, 235 Pac. 961, tbe case must be remanded for findings of fact and judgment tbereon.

See, also, Colvin v. Clark, 83 Wash. 376, 145 Pac. 419; Western Dry Goods Co. v. Hamilton, 86 Wash. 478, 150 Pac. 1171.

Tbe costs of tbis appeal must be assessed to appellant. It is bardly just to tbe trial judge, however, to say that tbe judgment of tbe trial court is reversed, as was said in tbe two last cited cases. Tbe case is merely remanded, with instructions to cause findings to be prepared and enter judgment from which either party may appeal.

Tolman, C. J., Askren, Mackintosh, and Fullerton, JJ., concur.