Register v. State
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTT. This was a proceeding in the District Court of ’Washington County, to compel the Defendant, Register, to show cause why he should not be punished, as for contempt, in neglecting and refusing to pay over to tbe relator, tbe receiver in a certain action pending in said Court, a certain balance found against bim on an accounting in said action, amounting to $877.12. Upon tbe bearing under tbe order to show cause, and after…
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APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTT. This was a proceeding in the District Court of ’Washington County, to compel the Defendant, Register, to show cause why he should not be punished, as for contempt, in neglecting and refusing to pay over to tbe relator, tbe receiver in a certain action pending in said Court, a certain balance found against bim on an accounting in said action, amounting to $877.12. Upon tbe bearing under tbe order to show cause, and after proofs fro and con., tbe Court imposed a fine of $10, and it further appearing to tbe Court that it was not in tbe power…
1Opinion of the Court
By the Court.
FlaNdrau, J.
The order committing the Defendant for contempt is appealable.
The case does not show a contempt of the Court by the. Defendant. It does hot appear that it was in the power of the Defendant to perform the act required of him, save by the legal presumption that the-trust fund remained in his hands, which presumption is fairly overcome by the testimony of the Defendant. The fraud the Defendant may have been guilty of in disposing of the trust fund, if such was the case, cannot be reached and punished by proceedings for contempt, in not obeying the order to pay it over to…
2Cited by6 opinions
- State v. SchneiderMissouri Court of Appeals · 1892
- State ex rel. Boardman v. BallWashington Supreme Court · 1892
- Ex Parte FullerSupreme Court of Missouri · 1932
- Gilbert v. HowSupreme Court of Minnesota · 1890
- Rheinberger v. First National Bank of Saint PaulSupreme Court of Minnesota · 1967
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