In re Ellison
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Eon. W. K. Amich, Judge. ' The judgment is absolutely void on the face of the record, because the punishment fixed, six months in the jail, is in violation of Sec. 3882, R. S. 1909. Ex parte Creasy, 143 Mo. 708. (1) The act charged constituted contempt at common law, and the statute not dealing with the matter, the common law is still in force.
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Appeal from Buchanan Circuit Court. — Eon. W. K. Amich, Judge. ' The judgment is absolutely void on the face of the record, because the punishment fixed, six months in the jail, is in violation of Sec. 3882, R. S. 1909. Ex parte Creasy, 143 Mo. 708. (1) The act charged constituted contempt at common law, and the statute not dealing with the matter, the common law is still in force. In re Clark, 208 Mo. 147; Eailroad v. Gildersleeve, 219 Mo. 193; State v. Doty, 32 N. J. L. 403; 9 Cyc. 15. (2) It seems incredible that with all the difficulties attending the present ■day administration of…
1Opinion of the CourtWoodson, P. J.
— The appellant was found ..guilty of contempt, of court for an attempt to interfere with the administration of justice, and sentenced to imprisonment in the county jail for a period of .six months.
In due time and in proper form the cause was timely appealed to this court.
The information filed against the appellant is in the following words and figures, to wit (formal parts ■omitted):
“It appearing to this court that Eichard High-smith has filed his affidavit in the case entitled Frieda Van Loon versus the St. Joseph Bailway, Light, Heat ■and Power Company, numbered 17847, pending in this…
2Cases cited4 opinions
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- In re ClarkSupreme Court of Missouri · 1907
- Ex parte CreasySupreme Court of Missouri · 1912
- Chicago, Burlington & Quincy Railway Co. v. GildersleeveSupreme Court of Missouri · 1909
3Cited by10 opinions
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- State Ex Rel. Pulitzer Publishing Co. v. ColemanSupreme Court of Missouri · 1941
- Brewer v. StateMississippi Supreme Court · 1936
- Ex parte MilesMissouri Court of Appeals · 1966
- Scott v. DavisMissouri Court of Appeals · 1959
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