BODEN v. McCOY


278 S.W.2d 68 (1955)

Phillip T. BODEN, Petitioner, v. Willie McCOY, Judge of Hart County, Kentucky, and W. R. Gentry, Judge of Hart Circuit Court, Respondents.

Court of Appeals of Kentucky.

Rehearing Denied May 13, 1955.


Attorney(s) appearing for the Case

Terry L. Hatchett, Glasgow, for petitioner.

C. B. Larimore, Davis Williams, Munfordville, for respondents.


STEWART, Chief Justice.

This is an original action whereby petitioner, Phillip T. Boden, seeks to prohibit the enforcement of an order which committed him to imprisonment for failure to pay arrears on an allowance awarded his wife in a divorce action.

The pertinent facts are that at a hearing on September 9, 1953, after due notice and at a time when Boden and his attorney were present in court, Boden was ordered to pay his wife the sum of $225 per month pendente...

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