# Burns v. Shapley

> Alabama Court of Appeals · December 18, 1917 · 16 Ala. App. 297

URL: https://www.frixlaw.com/law-library/cases/3226413

## Case

- **Full name:** Burns v. Shapley.
- **Court:** Alabama Court of Appeals
- **Decided:** December 18, 1917
- **Citations:** 16 Ala. App. 297; 77 So. 447; 1917 Ala. App. LEXIS 327
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Brown
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3226413

## Opinion text

On Application for Rehearing.
This cause coming on to be further heard and it appearing to the satisfaction of the court that the appellee, Walter Shapley, has, in violation of the orders of this court, removed the children in question, to wit, Ellis Stowell Shapley and Jack Floyd Shapley, out of Baldwin county and possibly out of the jurisdiction of this court, and is therefore in contempt of this court’s authority: It is therefore ordered and adjudged that the application filed by the said Walter Shapley for rehearing will not be considered, but the same is hereby stricken from the files of this court. It is further ordered that the clerk of this court issue a writ of arrest, directed to any sheriff of the state of Alabama, commanding the arrest of the said Walter Shapley, and directing that he be brought before this court to show cause why he should not be punished for violating the order of this court issued on the 18th day of December, 1917. It is further ordered that all the costs of this court and the court below be and the same are hereby taxed against the said appellee.
FER CURIAM.
[6]
It is made to appear to the satisfaction of the' court, by the return of the sheriff on the writ heretofore issued, and by other satisfactory evidence, that the appellee, Walter Shapley, has violated the order of this court by removing the'children out of Baldwin county since the rendition of the judgment on the 18th day of December, 1917, and that he is secreting said children from the process of this court, and is therefore in contempt of the orders and authority of the court to enforce its' judgment. It is well settled in this state that a party in contempt will not be heard on anything pertaining to the merits of the cause. Mussina v. Bartlett, 8 Port. 277 ; Jacoby v. Goetter, 74 Ala. 427 ; Crabtree v. Baker, 75 Ala. 91 , 51 Am. Rep. 424 ; Ex parte Pearce, 111 Ala. 99 , 20 South. 343 .
An order will therefore be entered striking appellee’s application for rehearing from the files, and directing the issuance of an appropriate writ for the apprehension of the said appellee, that he may be brought before this court to show cause why he should not be punished.
Application for rehearing stricken.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3226413. Public record. Not legal advice.