Defendant is a county judge. I. Marney was married to one Cleve Marney, who was found guilty of cruel and inhuman treatment of the plaintiff and eventually deserted her. She filed for divorce and alimony in a case heard in 1930. C. Marney failed to provide the ordered child support, but the defendant, who presided over the case, failed in his duty to bind C. Marney to an action of the Grand Jury and held the case over with no discretion for the law.