Legal Opinion

State v. Conn

Oregon Supreme Court

Decided October 8, 1900PublishedCited by 13 opinions

From Lake : Henry L. Benson, Judge. This is a proceeding for contempt, instituted by filing the following affidavit:. “In the Circuit Court oe the State oe Oregon eor Lake County. "State of Oregon ex rel. George Jones, v. Plaint~, "George Oonn, Defendani~. “State of Oregon, Jackson County. ss.

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From Lake : Henry L. Benson, Judge. This is a proceeding for contempt, instituted by filing the following affidavit:. “In the Circuit Court oe the State oe Oregon eor Lake County. "State of Oregon ex rel. George Jones, v. Plaint~, "George Oonn, Defendani~. “State of Oregon, Jackson County. ss. “I, Austin S. Hammond, being first duly sworn, on oath, say I am the attorney for the above-named George Jones in a suit now pending in the circuit court for Lake County, -wherein said George Jones is plaintiff, and said George Conn is defendant, and on the-day of May, 1897, the Hon. W. C. Hale, one of…

1Opinion of the Court

Mr. Chiee Justice Bean,

after stating the facts, delivered the opinion of the court.

Our statute relating to the punishment of contempts provides that, when not committed in the immediate view and presence of the court, “ before any proceedings can be taken therein the facts constituting the contempt must be shown by an affidavit presented to the court or judicial officer : ’ ’ Hill ’ s Ann. Laws, § 653. This affidavit is essential to the jurisdiction of the court in all proceedings for constructive contempts (State v. Kaiser, 20 Or. 50, 23 Pac. 964, 8 L. R. A. 584); and it must state facts…

2Cases cited8 opinions

  1. Batchelder v. MooreCalifornia Supreme Court · 1871
  2. Lester v. PeopleIllinois Supreme Court · 1890
  3. Wyatt v. the PeopleSupreme Court of Colorado · 1892
  4. State v. KaiserOregon Supreme Court · 1890
  5. State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880

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3Cited by13 opinions

  1. STATE Ex Rel OREGON STATE BAR v. LENSKEOregon Supreme Court · 1965
  2. Robertson v. StateAlabama Court of Appeals · 1924
  3. Charles Cushman Co. v. MackesySupreme Judicial Court of Maine · 1938
  4. Creekmore v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  5. Ex Parte LandryCourt of Criminal Appeals of Texas · 1912

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