State v. Frew & Hart
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: On the 24th day of June, 1884, Henry M. Russell, a member of the bar of this Court, presented the following communication : “ To the Honorable Judges of the Supreme Court of Appeals of West Virginia.
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Johnson, President, furnishes the following statement of the case: On the 24th day of June, 1884, Henry M. Russell, a member of the bar of this Court, presented the following communication : “ To the Honorable Judges of the Supreme Court of Appeals of West Virginia. “As is well known to the Court, there was pending here on the 18th day of June, 1884, and there is now pending and undetermined, a proceeding by mandamus, at the relation of Joseph S. Miller, Auditor, against T. H. Buchanan, assessor of Brooke county. This proceeding involves the constitutionality of the exemption act, contained…
1Opinion of the Court
Johnson, President:
It is claimed in the answers, that the proceedings in this case are irregular; that the rule is too vague and indefinite and ought only to have issued upon affidavit. There is no sufficient irregularity in the proceedings here, that would justify' the Court in discharging the rule, as clearly appears by the opinion of brother Snyder, which meets my entire approval. The main question, the one most discussed at the bar, is: Has the Court the power to punish summarily a constructive contempt of the character described in the-rule? It is insisted, that the power to punish for…
2Cases cited33 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- People v. WilsonIllinois Supreme Court · 1872
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- State v. MorrillSupreme Court of Arkansas · 1855
- Yates v. PeopleNew York Supreme Court · 1810
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3Cited by72 opinions
- Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Carter v. CommonwealthSupreme Court of Virginia · 1899
- Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
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