Clements
Clements v. Coppin
Opinion
Lead Opinion
Garrecht, J.
This is an appeal from an order of imprisonment and commitment for civil contempt. The main case from which the contempt proceedings emanate was a suit in equity to fasten a trust upon certain funds of the Mintex Corporation which it was alleged came into the hands of appellant, a part thereof to her individually and the remainder as administratrix of the estate of Ralph L. Clements, her deceased husband. This litigation resulted in a deeree in favor of the appellee declaring an involuntary trust as to the funds in question and granting a reference for an accounting to' a special master.
The special master filed a report, to which no exceptions were taken, and which was regularly heard, allowed, and confirmed by the District Court. Among other things, the order recites:
At the expiration of said ten days, appellant filed an answer to this turn-over order, denying possession or control of the trust funds here involved. The appellant having failed to comply with the said turnover order within the time indicated therein, the court issued an order directing appellant to appear on the 19th, day of June, 1933, and show cause why she should not bo adjudged guilty of contempt. Appellant…