State v. . Woodfin
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancey County, at the Fall Term, 1844, his Honor Judge Battle presiding. The defendant and another were finéd by the County Court of Yancy, for a contempt of the court, “by fighting in the yard of the court-house, before the court-house door, and in the presence of the court.”
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Appeal from the Superior Court of Law of Yancey County, at the Fall Term, 1844, his Honor Judge Battle presiding. The defendant and another were finéd by the County Court of Yancy, for a contempt of the court, “by fighting in the yard of the court-house, before the court-house door, and in the presence of the court.” The défendant appealed to the Superior Court, where it was agreed by the Solicitor for the State, that the case should be presented to the Court, as upon a cer-tiorari. And on the motion of the solicitor to dismiss the case, on the ground that the matter was wholly in the…
1Opinion of the CourtRuffin, C. J.
The power to commit or fine for contempt is essential to the existence of every court. Business cannot be conducted, unless the court can suppress disturbances, and the only means of doing that is by immediate punishment. A breach of the peace in facie curiae is a direct disturbance and a palpable contempt of the authority of the court. It is a case that does not admit of delay, and the court would be without dignity, that did not punish it promptly and without trial. Necessarily there can be no inquiry de novo in another court, as to the truth of the fact. There is no mode provided for…
2Cited by19 opinions
- Ex Parte McCownSupreme Court of North Carolina · 1905
- Blodgett v. Superior CourtCalifornia Supreme Court · 1930
- State v. SammonsCourt of Criminal Appeals of Tennessee · 1982
- McDougall v. SheridanIdaho Supreme Court · 1913
- Galyon v. StuttsSupreme Court of North Carolina · 1954
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