Percival v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. Comment upon past proceedings is not contempt. (Storey •v. People, 79 Ill., 45; Cheadle v. State, 11 N. E. Rep. [Ind.], 426; 16 Am. & Eng. Ency. Law, 495.) The language was not per se libelous. (13 Am. & Eng. Ency.
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Error to the district court for Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. Comment upon past proceedings is not contempt. (Storey •v. People, 79 Ill., 45; Cheadle v. State, 11 N. E. Rep. [Ind.], 426; 16 Am. & Eng. Ency. Law, 495.) The language was not per se libelous. (13 Am. & Eng. Ency. Law, 391.) Constructive contempt, being a summary proceeding, the language used must apply directly to the court or judge; and if, in order to make it apply to the judge, resort must be had to innuendo and the same is denied in the answer, contempt does not…
1Opinion of the CourtHarrison, J.
In this case the plaintiff in error was proceeded against for contempt, resulting in his conviction and sentence. It appears that there were two trials' or hearings, a judgment of conviction and sentence upon the first being set ‘aside upon motion of plaintiff in error, and a new hearing awarded. It is stated that the affidavit or complaint, — the basis of the first trial or hearing of the proceedings, — differed from the one upon which there was a final hearing; but however this may be, the complaint which was presented here as containing the charge of which plaintiff in error was convicted…
2Cases cited1 opinion
- People v. WilsonIllinois Supreme Court · 1872
3Cited by17 opinions
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- United States v. Toledo Newspaper Co.District Court, N.D. Ohio · 1915
- Hawes v. StateNebraska Supreme Court · 1895
- Herdman v. StateNebraska Supreme Court · 1898
- Ray v. StateIndiana Supreme Court · 1917
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