70 N.E.2d 274
No. 30733Supreme Court of Ohio.
Decided October 9, 1946.
Supreme Court — Dismissal — No debatable constitutional question involved — Contempt of court — Divorce action by wife after husband withdrew joint savings account — Savings ordered paid into court during pendency of action — Husband adjudged in contempt for failure to obey order — Appeal from contempt order — Reversal for failure to allow evidence of inability to comply — Finding of contempt and order of commitment, on retrial — Affirmed by appellate court — Evidence — Inability to pay at time of order — Conflict in husband’s statements as to disposition of money — Inference of fraud — Imprisonment for debt — Section 15, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. M.A. Picciano, for appellee.
Mr. James A. Chiara, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.
Page 221