Warner v. Martin
Supreme Court of Georgia
Rule for contempt. Before Judge Kimsey. Hall superior court. June 26, 1905. Harrison T, Martin presented an equitable petition to the judge of the superior court, in which he alleged, that he was the owner of a certain lot of land lying along the bank of the Chattahoochee river, which derived its chief value from the fertility of its bottoms on the river and the shoals and water-power which he owned in connection with the land; that A. J. Warner, W. A. Carlisle, and John…
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Rule for contempt. Before Judge Kimsey. Hall superior court. June 26, 1905. Harrison T, Martin presented an equitable petition to the judge of the superior court, in which he alleged, that he was the owner of a certain lot of land lying along the bank of the Chattahoochee river, which derived its chief value from the fertility of its bottoms on the river and the shoals and water-power which he owned in connection with the land; that A. J. Warner, W. A. Carlisle, and John Sargent were preparing timber and other material and making ready to construct a dam across the river at a place called…
1Opinion of the Court
•Fish, C. J.
(After stating the foregoing facts.) 1. One of the assignments of error is, that the court erred in admitting in evidence affidavits offered by petitioner against defendants, over the objection that the proceeding was quasi-criminal, and only oral testimony was admissible. In Welch v. Barber, 52 Conn. 147, it was said: “A civil contempt is one in which the conduct constituting the contempt is directed against some civil right of the opposing party, as where an injunction is disregarded or some act required by the court for the benefit of the other party should be neglected. In…
2Cases cited9 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Welch v. BarberSupreme Court of Connecticut · 1884
- Cobb v. BlackSupreme Court of Georgia · 1865
- Lawrence v. DuBoisWest Virginia Supreme Court · 1880
- Howard v. DurandSupreme Court of Georgia · 1867
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3Cited by41 opinions
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- Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of AmericaSupreme Court of North Carolina · 1959
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