Legal Opinion

State v. Markuson

North Dakota Supreme Court

Decided October 28, 1895PublishedCited by 11 opinions

Ei'ror to District Court, Bai'nes County; Rose, J. Norman Markuson was convicted of contempt of court, and brings error. A writ of eri'or is the pi'oper remedy by which to review a judgment for contempt. Sections 7499, 7500 and 7502, Comp. Laws; State v. Knight, 54 N. W. Rep. 413; State v. Sweetland, 54 N. W. Rep. 416; Gandy v. State, 14 N. W. Rep. 146; Myers v. State, 22 N. E. Rep. 43; In re Smith, 7 N. E. Rep. 685; Wyatt v. People, 28 Pac.

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Ei'ror to District Court, Bai'nes County; Rose, J. Norman Markuson was convicted of contempt of court, and brings error. A writ of eri'or is the pi'oper remedy by which to review a judgment for contempt. Sections 7499, 7500 and 7502, Comp. Laws; State v. Knight, 54 N. W. Rep. 413; State v. Sweetland, 54 N. W. Rep. 416; Gandy v. State, 14 N. W. Rep. 146; Myers v. State, 22 N. E. Rep. 43; In re Smith, 7 N. E. Rep. 685; Wyatt v. People, 28 Pac. Rep. 962; Cooper v. People, 22 Pac. Rep. 796; State v. Davis, 2 N. D. 461. The appellate court will review the testimony in contempt cases, to determine…

1Opinion of the CourtBartholomew, J.

On the 12th day of December, 1894, an action in equity entitled “The State of North Dakota ex rel. Martin H. Wilberg v. Norman Markuson" was commenced by the state’s attorney of Barnes County under the provisions of section 13, Ch. no, Laws 1890, commonly known as the “Prohibitory Law.” The relief asked was that certain premises occupied by *149the defendant in that action be declared a nuisance and abated as such. The usual preliminary injunction was granted, restraining the defendant, his agents, servants, and employes, from selling or keeping for sale any intoxicating liquors on said premises…

2Cases cited19 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Ex Parte TerrySupreme Court of the United States · 1888
  3. Ex Parte KearneySupreme Court of the United States · 1822
  4. Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
  5. New Orleans v. Steamship Co.Supreme Court of the United States · 1874

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3Cited by11 opinions

  1. Miller v. EvansSupreme Court of Iowa · 1901
  2. In re MarkusonNorth Dakota Supreme Court · 1895
  3. State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
  4. Township of Noble v. AasenNorth Dakota Supreme Court · 1901
  5. State v. MarkusonNorth Dakota Supreme Court · 1897

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