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eBook details

• Title: Potter v. Wilson
• Author : In the Court of Appeals of the State of Oregon
• Release Date : January 01, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

1 The issue tendered by this proceeding is: When by the terms of the divorce decree title to a jointly-owned enterprise is set apart to one spouse [Wife] who is adjudged to assume the outstanding indebtedness of the business so awarded her and to hold the other spouse [Husband] harmless from that class of jointly-incurred obligations, will contempt lie against the assuming spouse in default to enforce her liability for the court-ordered indemnity? In the narrow context so phrased the question is one of first impression. Recognizing that its early settlement likely will serve an important and urgent statewide need, we assume original jurisdiction to pronounce our answer in the negative. Our holding here deals with the enforceability, by contempt, of but one class of judicial decisions - the adjudicated liability, at law or in equity, for payment of money in general. It does not apply to a court order that directs payment of money from a specified fund, or from some other identified personal-property source, then in existence, by one who is in control of that source. If a debt be ordered paid as integral part of an award for support alimony, contempt becomes a permissible mode of enforcement.

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