In re Shannon
Montana Supreme Court
Original proceeding. Application for a writ of habeas corpus. I. The police court of Butte had no jurisdiction to enter judgment fining the petitioner, or ordering his commitment in default of payment. There is no inherent power in inferior .courts to punish contempts not committed in the immediate .view or presence of the court or judge, and such authority as they may exercise in those cases is conferred and regulated by statute.
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Original proceeding. Application for a writ of habeas corpus. I. The police court of Butte had no jurisdiction to enter judgment fining the petitioner, or ordering his commitment in default of payment. There is no inherent power in inferior .courts to punish contempts not committed in the immediate .view or presence of the court or judge, and such authority as they may exercise in those cases is conferred and regulated by statute. The affidavit on which the attachment was founded does not state facts constituting a contempt, (a) It does not ■show that the conduct complained of was “towards…
1Opinion of the CourtHarwood, J.
It appears that the petitioner was proceeded against in the court of the police magistrate of the city of Butte, upon a charge of having committed contempt of said court, in that the petitioner, on the 28th of June, 1891, caused to be printed and published in the Daily Miner, a newspaper printed and published in said city, a certain article in terms as follows: —
“Card from J. W. Shannon. Butte, June 26. To the editor of the Miner: In this morning’s Miner an article on the local page recites, animadverts, and moralizes upon a case in the District Court which was appealed from a lower court,…
2Cases cited1 opinion
- Territory v. MurrayMontana Supreme Court · 1887
3Cited by2 opinions
- State Ex Rel. Moser v. District CourtMontana Supreme Court · 1944
- State ex rel. Simard v. Fourth Judicial District CourtMontana Supreme Court · 1893