State v. Knight
South Dakota Supreme Court
Error to circuit court, Marshall county. Hon. A. W. Campbell, Judge. Proceedings by'the state against Daniel Knight and Daniel Hubbard to compel defendants to show cause why they should not be punished for contempt for disobeying an order of court. Defendants were adjudged guilty of contempt, and bring error. The facts are stated in the opinion. A judgment punishing a party for willful disobedience to an order made in a civil case is in its nature a criminal proceeding.
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Error to circuit court, Marshall county. Hon. A. W. Campbell, Judge. Proceedings by'the state against Daniel Knight and Daniel Hubbard to compel defendants to show cause why they should not be punished for contempt for disobeying an order of court. Defendants were adjudged guilty of contempt, and bring error. The facts are stated in the opinion. A judgment punishing a party for willful disobedience to an order made in a civil case is in its nature a criminal proceeding. New Orleans v. Steamship, 20 Wall. 387; Fuller v. People, 4 Pac. 48; Haight v. Lucian, 36 Wis. 356; Shannon v. State, 18…
1Opinion of the CourtBennett, P. J.
On the 17th day of October, 1891, an order was made by the judge of the fifth judicial circuit, directed to A. M. Knight, his agents and attorneys, restraining them from making á sale by advertisement of certain mortgaged property. The sale under said foreclosure had been previously fixed for 2 o’clock p. m. on the 17th day of October, at Langford, S. D., distant from the place where the order was made some 50 miles. About 1 o’clock of that day one La Due, the mortgagor in said mortgage, received the following telegram, written upon one of the Western Union Telegraph Company’s blanks:…
2Cases cited24 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Ex Parte ReedSupreme Court of the United States · 1879
- Ex Parte KearneySupreme Court of the United States · 1822
- New Orleans v. Steamship Co.Supreme Court of the United States · 1874
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
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3Cited by47 opinions
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- Merchants' Stock & Grain Co. v. Board of Trade of ChicagoCourt of Appeals for the Eighth Circuit · 1912
- Sword v. SwordMichigan Supreme Court · 1976
42 more not listed; retrieve them via the Exa API.