SMOOT v. DINGESS

No. 13717.

236 S.E.2d 468 (1977)

Clarence SMOOT v. Grace DINGESS, Sheriff, Logan County.

Supreme Court of Appeals of West Virginia.

Concurring Opinion July 26, 1977.


Attorney(s) appearing for the Case

James M. Cagle, Charleston, for plaintiff in error.

Charles T. Bailey, Logan, for defendant in error.


NEELY, Justice:

This is an appeal from the denial of a writ of habeas corpus in the Circuit Court of Logan County by J. Ned Grubb sitting by designation as special judge. Clarence Smoot, the appellant here and petitioner below challenged his incarceration in the Logan County Jail for civil contempt because of his failure to pay alimony to his wife.

Petitioner was convicted of contempt by Special Judge John Esposito, who presided over this domestic relations...

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