Grace v. State
Mississippi Supreme Court
Appeal from the circuit court of Sunflower county. Hon. F. E. Everett, Judge. M. B. Grace was convicted of contempt and appeals. The facts are fully stated in the opinión of the court.
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Appeal from the circuit court of Sunflower county. Hon. F. E. Everett, Judge. M. B. Grace was convicted of contempt and appeals. The facts are fully stated in the opinión of the court. The invariable rule in all cases of constructive contempt seems to be the first step taken, an affidavit, indictment or information of some character, informing the appellant of what he is in contempt for, and the nature of the charge must be filed, and citation issued on same, citing the defendant to show cause, if any he can, why he should not be dealt with for the alleged offense. Durham v. Stale, 97 Miss.…
1Opinion of the CourtReed, J.
Appellant, an attorney at law, was adjudged guilty of contempt by the circuit court and fined twenty-five; dollars.
We gather from the testimony taken on the hearing that the alleged contempt consisted in appellant’s making certain changes in a motion for continuance in a civil suit, in which he was attorney for the plaintiff, without the consent of the court, and after the motion had been overruled.
The trial judge and attorneys representing the defendant testified that consent was not given by the court to the making of the amendments and that they did not have any knowledge of the…
2Cases cited12 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Ex Parte BradleySupreme Court of the United States · 1869
- Wyatt v. the PeopleSupreme Court of Colorado · 1892
- Langdon v. Judges of the Wayne Circuit CourtMichigan Supreme Court · 1889
- Ex parte WrightIndiana Supreme Court · 1879
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3Cited by17 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Cook v. StateMississippi Supreme Court · 1986
- MELVIN v. StateMississippi Supreme Court · 1950
- In Interest of HolmesMississippi Supreme Court · 1978
- Brannon v. StateMississippi Supreme Court · 1947
12 more not listed; retrieve them via the Exa API.