Elwell v. Goodnow
Supreme Court of Minnesota
From an order and judgment of the district court for Hennepin county, Russell, J., adjudging him guilty of contempt of court and sentencing him to pay a fine of $100, Wallace G. Nye appealed to the supreme court. He also brought the case before the supreme court by writ of certiorari.
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From an order and judgment of the district court for Hennepin county, Russell, J., adjudging him guilty of contempt of court and sentencing him to pay a fine of $100, Wallace G. Nye appealed to the supreme court. He also brought the case before the supreme court by writ of certiorari. Where the charge is not upon a direct contempt, done in the presence of the court itself, it is an elementary rule of law that it must appear and be found that the act charged was one which defeated or prejudiced the right or remedy of a party to the action, also that it tends to impede or embarrass the court.…
1Opinion of the CourtStart, C. J.
These cases are in fact one and the same. The appellant, Wallace G. Nye, was convicted in the district court of Hennepin county of a constructive criminal contempt, and sentenced to pay a fine of $100, and he brought the case to this court, both by appeal and certiorari.
It is claimed on the part of the relator: (a) That the moving papers upon which the order requiring him to show cause why he should-not be punished for contempt were insufficient to give the trial court jurisdiction to proceed against him; (b) that the evidence upon the hearing of the charge was not sufficient to justify his…
2Cases cited1 opinion
- State ex rel. Russell v. IvesSupreme Court of Minnesota · 1895
3Cited by5 opinions
- Zieman v. ZiemanSupreme Court of Minnesota · 1963
- Red River Potato Growers Ass'n v. BernardySupreme Court of Minnesota · 1915
- State ex rel. Sandquist v. District CourtSupreme Court of Minnesota · 1919
- State ex rel. Leary v. District CourtSupreme Court of Minnesota · 1900
- Johnson v. FroelichSupreme Court of Minnesota · 1936