State v. McGahey
North Dakota Supreme Court
Appeal from District Court, Burleigh county; Winchester, J. Arthur E. McGahey was convicted of contempt, and appeals. Contempt cannot be charged for resisting void process. The resistance must be predicated and have its foundation upon lawful process. 2 High on Injunctions, 1425. Disobedience of an order of court not authorized by law is not contempt.
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Appeal from District Court, Burleigh county; Winchester, J. Arthur E. McGahey was convicted of contempt, and appeals. Contempt cannot be charged for resisting void process. The resistance must be predicated and have its foundation upon lawful process. 2 High on Injunctions, 1425. Disobedience of an order of court not authorized by law is not contempt. Lester v. People, 150 111. 408, 23 N. E. Rep. 387; In re McCain, 68 N. W. Rep. 163. „ If the writ in whole or in part is beyond the power of the court, or soin excess cmuh as is of jurisdiction, is void, the court has no right to punish for…
1Opinion of the CourtCochrane, J.
Appellant, after hearing, was adjudged guilty of contempt, in that “he willfully resisted the execution of a search, warrant (described), and willfully resisted George A. Welch, sheriff of Burleigh county, in making search of the premises, particularly described in said search warrant, in the basement of the Northwest Hotel, in Bismarck, in said Burleigh county,” and was sentenced, to thirty days’ imprisonment in the county jail, and to pay a fine of $200, and, in case the fine was not paid, then to thirty days’' additional imprisonment after the expiration of the first thirty days. He…
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