Legal Opinion

State ex rel. Harvey v. Newton

North Dakota Supreme Court

Decided April 30, 1907PublishedCited by 15 opinions

Appeal from District Court, Williams County; Goss, J. Proceedings by the state, on the relation of Mary Harvey against George W. Newton. From the judgment adjudging defendant guilty, he appeals. Affidavit in contempt proceedings must be distinct and positive, not upon information and belief.

Read the full summary

Appeal from District Court, Williams County; Goss, J. Proceedings by the state, on the relation of Mary Harvey against George W. Newton. From the judgment adjudging defendant guilty, he appeals. Affidavit in contempt proceedings must be distinct and positive, not upon information and belief. State v. Root, 5 N. D. 487, 67 N. W. 590; State v. Crum, 7 N. D. 299, 74 N. W. 992; Township of Noble v. Aasen, 10 N. D. 264, 86 N. W. 742; Kaeppler v. Red River Bank, 8 N. D. 406, 79 N. W. 869; State v. McGahey, 12 N. D. 535, 97 N. W. 865; Freeman v. City of Huron et al., 66 N. W. 928; Ludden v. State,…

1Opinion of the CourtFisk, J.

This appeal brings up for review a final order of -he district court of Williams county, made on March 29, 1905, adjudging the appellant guilty of a criminal contempt, and sentencing him to imprisonment in the county jail for the -period -of 90 days and to pay a fine in the sum of $200 and costs. The alleged contempt consisted in violating a certain perpetual injunction, theretofore issued by such district court, restraining appellant from maintaining a liquor nuisance upon certain premises in the -city of Williston. The offense being a constructive contempt, the proceedings were instituted…

Also in this document: Concurrence.

2Cases cited36 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. Swart v. KimballMichigan Supreme Court · 1880
  3. Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  4. Batchelder v. MooreCalifornia Supreme Court · 1871
  5. Golden Gate Consolidated Hydraulic Mining Co. v. Superior CourtCalifornia Supreme Court · 1884

31 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Robertson v. StateAlabama Court of Appeals · 1924
  2. Charles Cushman Co. v. MackesySupreme Judicial Court of Maine · 1938
  3. Creekmore v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  4. State v. HeiserNorth Dakota Supreme Court · 1910
  5. In Re RothCalifornia Court of Appeal · 1934

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API