State v. Stillwell
Oregon Supreme Court
From Coos: John S. Coke, Judge. In Banc. Statement by Mb. Chief Justice Mooee. This is a civil contempt proceeding instituted in the Circuit Court for Coos County by the State of Oregon, upon the relation of Bertha 0. Stillwell, against John B. Stillwell, to punish him for an alleged disobedience of a decree of that court.
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From Coos: John S. Coke, Judge. In Banc. Statement by Mb. Chief Justice Mooee. This is a civil contempt proceeding instituted in the Circuit Court for Coos County by the State of Oregon, upon the relation of Bertha 0. Stillwell, against John B. Stillwell, to punish him for an alleged disobedience of a decree of that court. The affidavit of the relator states in effect that on July 3, 1914, by consideration of that court, she was divorced from the defendant, vwho at that time was ordered to pay on August 1st of that year and monthly thereafter the sum of $25 for the support and maintenance of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. A party cannot legally be arrested for a contempt not committed in the presence of the court in failing to do something ordered by a court in a civil action to be performed for the benefit of the opposing party therein until he has been charged by an affidavit with a violation of such order: Section 673, L. O. L.; State v. Kaiser, 20 Or. 50 (23 Pac. 964, 8 L. R. A. 584).
2. Before a party’s freedom of action can be justly interfered with in a civil contempt proceeding, a copy of the order which it is asserted he has disobeyed must be served upon him and a…
2Cases cited4 opinions
- McFarlane v. McFarlaneOregon Supreme Court · 1903
- State v. KaiserOregon Supreme Court · 1890
- State v. DowningOregon Supreme Court · 1901
- Hoffman v. HoffmanSouth Dakota Supreme Court · 1910
3Cited by13 opinions
- STATE Ex Rel OREGON STATE BAR v. LENSKEOregon Supreme Court · 1965
- State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
- State Ex Rel. La Follett v. La FollettOregon Supreme Court · 1930
- State of Oregon v. YatesOregon Supreme Court · 1956
- State Ex Rel. Hewson v. HewsonOregon Supreme Court · 1929
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