Township of Noble v. Aasen
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the Township of Noble against Ole T. Aasen, in which defendant was adjudged guilty of a civil contempt, and he appeals. Proceedings for the punishment of parties for contempt of court, are criminal in their nature. No presumptions or intendments are indulged in. Statutes regulating the procedure and the power of the court to punish must be strictly construed.
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Appeal from District Court, Cass County; Pollock, J. Action by the Township of Noble against Ole T. Aasen, in which defendant was adjudged guilty of a civil contempt, and he appeals. Proceedings for the punishment of parties for contempt of court, are criminal in their nature. No presumptions or intendments are indulged in. Statutes regulating the procedure and the power of the court to punish must be strictly construed. Boyd v. State, 26 N. W. Rep. 925; Burdick v. Marshall, 8 S. D. 308; Ex parte Hollis, 59 Cal. 405; Ex parte Goulcj, 21 L. R. A. 751; In re Shortridge, 21 L. R. A. 755; State…
1Opinion of the CourtWallin, C. J.
In this proceeding the trial court found that the defendant was guilty of a contempt of court, in this: that the defendant had disregarded and otherwise violated a certain judgment entered in said court in the above entitled action. The proceeding was initiated by an order of the District Court, based upon two affidavits, directing the defendant to show cause on November 7, 1900, before said court, why the defendant “should not be adjudged guilty of contempt, and punished therefor accordingly.” The order, with the affidavits, was served upon the defendant; and on the return day named in the…
2Cases cited13 opinions
- New Orleans v. Steamship Co.Supreme Court of the United States · 1874
- King v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
- Park v. . ParkNew York Court of Appeals · 1880
- State v. RootNorth Dakota Supreme Court · 1896
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3Cited by25 opinions
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- Dale v. StateIndiana Supreme Court · 1926
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