Brown v. People
Illinois Supreme Court
ERROR TO WINNEBAGO. This was an application to the Judge of the Circuit Court for a habeas corpus, to discharge plaintiff in error from imprisonment under an execution against his body, for an alleged contempt committed before Garver, justice of the peace.
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ERROR TO WINNEBAGO. This was an application to the Judge of the Circuit Court for a habeas corpus, to discharge plaintiff in error from imprisonment under an execution against his body, for an alleged contempt committed before Garver, justice of the peace. The petition shows, that the applicant, an attorney of said court, while on his way to court, on the morning of the filing of the petition, was arrested and was then confined in jail, on a warrant against his body, a copy of which warrant was annexed to the petition, and was in substance as hereinafter set forth. A writ of habeas corpus was…
1Opinion of the Court
Catón, C. J.
The only question in this case is, whether a justice of the peace, who has imposed a fine for a contempt of his court, can imprison the party till the fine and costs are paid. Of this power we have no doubt. Such a power is indispensable to the proper administration of justice in these as well as all other courts. The statute has authorized justices’ courts to impose a fine of five dollars for contempts, and to this extent it may be considered a limitation upon their power to fine for contempts, and it may even be held to take away the right to imprison directly for contempts;…
2Cited by8 opinions
- Walton v. DevelingIllinois Supreme Court · 1871
- In re McDonaldWyoming Supreme Court · 1893
- Kennedy v. PeopleIllinois Supreme Court · 1887
- In re BolligIllinois Supreme Court · 1863
- In re CaryDistrict Court, S.D. New York · 1882
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