York v. State
Supreme Court of Arkansas
Original petition for certiorari to Jefferson Chancery Court; John M. Elliott, Chancellor; 1. As there is no right of appeal from a judgment for contempt, this court will quash such judgments for error, as well as for excess, of power and for irregularities in proceedings. 22 Ark. 151; 73 Ark. 538, 366. 2. The judgments were void, there having been filed no affidavit or its equivalent. This is required in all cases of constructive contempt. 1 Tidd, Pr. 479; 4 Blackst.
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Original petition for certiorari to Jefferson Chancery Court; John M. Elliott, Chancellor; 1. As there is no right of appeal from a judgment for contempt, this court will quash such judgments for error, as well as for excess, of power and for irregularities in proceedings. 22 Ark. 151; 73 Ark. 538, 366. 2. The judgments were void, there having been filed no affidavit or its equivalent. This is required in all cases of constructive contempt. 1 Tidd, Pr. 479; 4 Blackst. Com. 286-7; 1 Brews. 218; Rapalje on Contempt, § 93; 62 Fed. 827; 81 Pac. 409; 82 Id. 853; 17 Cal. 261-2; 28 Pac. 964; 1 Del.…
1Opinion of the CourtBattrr, J.
J. B. York and Robert York present separate petitions for writs of certiorari to this court, asking it to quash judgments of the Jefferson Chancery Court fining J. B. York ten thousand dollars and Robert York five thousand dollars for a violation of an order of injunction issued by that court in a suit wherein John F. Rutherford and M. F. Rutherford were plaintiffs, -and the Bluff City Lumber Company, J. B. York, Robert York, C. L- Browning, and C. J. Samstag were defendants.
About the 24th day of August, 1907, John F. Rutherford ■and M. F. Rutherford, his wife, instituted the above-mentioned…
2Cases cited6 opinions
- Hutton v. Superior CourtCalifornia Supreme Court · 1905
- Ex parte WrightIndiana Supreme Court · 1879
- Otis v. Superior Court of L.A. Cty.California Supreme Court · 1905
- In re WoodMichigan Supreme Court · 1890
- Ex parte DaviesSupreme Court of Arkansas · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Henderson v. DudleySupreme Court of Arkansas · 1978
- Ex parte CoulterSupreme Court of Arkansas · 1923
- Pate v. TolerSupreme Court of Arkansas · 1935
- Hilton Hilltop, Inc. v. RiviereSupreme Court of Arkansas · 1980
- Hall v. StateSupreme Court of Arkansas · 1963
5 more not listed; retrieve them via the Exa API.