Chicago, Burlington & Quincy Railway Co. v. Gildersleeve
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. Appellant presents one question for the consideration of this court. Appellant was adjudged guilty of contempt and sentenced to imprisonment “in the common jail in the city of St. Louis for the period of thirty days, or until he shall he discharged according to law.” This judgment was void, because in excess of the term of imprisonment authorized by the statute.
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Transferred from St. Louis Court of Appeals. Appellant presents one question for the consideration of this court. Appellant was adjudged guilty of contempt and sentenced to imprisonment “in the common jail in the city of St. Louis for the period of thirty days, or until he shall he discharged according to law.” This judgment was void, because in excess of the term of imprisonment authorized by the statute. Sec. 1617, B. S. 1899, provides that in contempt cases a fine stall not exceed fifty dollars, nor a term of imprisonment over ten days; and, when one is committed for non-payment of a fine,…
1Dissent
DISSENTING OPINION.
LAMM, J. —
Prepared on assignment as a principal opinion, it failed to receive the concurrence of a majority of my brethren, and the .case was reassigned to my learned brother Gantt. Something of substance, I think, is to he said against the conclusion reached by him, which justifies resubmitting this opinion as a, dissenting one.
Gildersleeve was sentenced by the circuit court of St. Louis to the common jail for thirty days as a result of a trial in a contempt proceeding. The citation was issued in a civil suit then pending. He was charged with an “out of doors” or…
2Cases cited20 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Ex Parte RobinsonSupreme Court of the United States · 1874
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- Carter v. CommonwealthSupreme Court of Virginia · 1899
- State v. MorrillSupreme Court of Arkansas · 1855
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