Legal Opinion

In Re Deaton

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 55 opinions

This was a Proceeding for Contempt, instituted before the Mayor of the town of Troy, in Montgomery county, and came to the Superior Court by appeal from the Mayor’s Court, and was heard at Spring Term, 1889, of Montgomery Superior Court, before Brown, J. The defendants offered affidavits in the Superior Court tending to show that they were not permitted to file any answer in the Mayor’s Court, also affidavits lending to show that the publication which was made by them was…

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This was a Proceeding for Contempt, instituted before the Mayor of the town of Troy, in Montgomery county, and came to the Superior Court by appeal from the Mayor’s Court, and was heard at Spring Term, 1889, of Montgomery Superior Court, before Brown, J. The defendants offered affidavits in the Superior Court tending to show that they were not permitted to file any answer in the Mayor’s Court, also affidavits lending to show that the publication which was made by them was not grossly inaccurate, but was true in the main; and also affidavits tending (o show that the defendants did not disobey…

1Opinion of the Court

Clark, J.:

Alternative judgments are not allowable in either civil or criminal cases. State v. Perkins, 82 N. C., 681; Dunn v. Barnes, 73 N. C., 273; Strickland v. Cox, 102 N. C., 411. The sentence “to pay a fine of $40, and, in default thereof, be imprisoned thirty days,” is erroneous. This, however, would not dispose of the case on the merits, but would merely require it to be remanded for a proper sentence. State v. Lawrence, 81 N. C., 522; State v. Green, 85 N. C., 600. We will therefore consider the other points raised by the appeal'.

The power to punish for a contempt committed in the…

2Cases cited16 opinions

  1. Crow v. StateTexas Supreme Court · 1859
  2. In the Matter of B. F. Moore, and OthersSupreme Court of North Carolina · 1869
  3. State v. . LawrenceSupreme Court of North Carolina · 1879
  4. Baker v. . CordonSupreme Court of North Carolina · 1882
  5. Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881

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3Cited by55 opinions

  1. In Re BurtonSupreme Court of North Carolina · 1962
  2. Ex Parte McCownSupreme Court of North Carolina · 1905
  3. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  4. State Ex Rel. Dunn v. PleseWashington Supreme Court · 1925
  5. Manufacturing Co. v. . ArnoldSupreme Court of North Carolina · 1947

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

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