Rhinehart v. Lance
Supreme Court of New Jersey
On demurrer. In trespass for false imprisonment. The defendants pleaded that Lance, one of the defendants, was a justice of the peace; that while he was holding a court for the trial of small causes and engaged in the trial of a cause, the plaintiff entered the room where the said court was being held and commanded a witness who was under examination to leave the court-room, .and called the justice a fool and a nuisance, and that thereupon the witness left the room before…
Read the full summary
On demurrer. In trespass for false imprisonment. The defendants pleaded that Lance, one of the defendants, was a justice of the peace; that while he was holding a court for the trial of small causes and engaged in the trial of a cause, the plaintiff entered the room where the said court was being held and commanded a witness who was under examination to leave the court-room, .and called the justice a fool and a nuisance, and that thereupon the witness left the room before his examination was concluded ; that the said justice issued a summons for the appearance of the plaintiff to show cause…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The object of the demurrer is to raise the question whether a justice of the peace sitting in the court for the trial of small causes has power to commit for a contempt committed in the presence of the court while engaged in the trial of a civil cause. The commitment of the plaintiff was for the period of ten days, for the contempt adjudged against him.
It must be conceded that the plaintiff’s conduct, as averred in the plea, was outrageously improper, and that if he so misconducted himself he deserved the punishment he received. But we must…
2Cases cited1 opinion
- Richmond v. DaytonNew York Supreme Court · 1813
3Cited by4 opinions
- State v. ZarafuNew Jersey Superior Court Appellate Division · 1955
- State v. IllarioNew Jersey Superior Court Appellate Division · 1950
- In Re Ruth M. BuehrerSupreme Court of New Jersey · 1967
- In Re BakerSupreme Court of New Jersey · 1951