State v. Root
North Dakota Supreme Court
Appeal from District Court, Barnes County; Rose, J. Herbert Root was convicted of contempt of court, and suspended from practicing as an attorney at law, and appeals. Contempt of court is a criminal offense, and a proceeding to subject a defendant to the penalties fixed by law for contempt of court is a criminal action. Sections 5159, 7746, Rev. Codes; State v. Markuson, 64 N. W. Rep. 934; Fisher v. Hayes, 6 Fed.
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Appeal from District Court, Barnes County; Rose, J. Herbert Root was convicted of contempt of court, and suspended from practicing as an attorney at law, and appeals. Contempt of court is a criminal offense, and a proceeding to subject a defendant to the penalties fixed by law for contempt of court is a criminal action. Sections 5159, 7746, Rev. Codes; State v. Markuson, 64 N. W. Rep. 934; Fisher v. Hayes, 6 Fed. Rep. 63; Durant v. Supervisors, 1 Woolworth, 377; Ex parte Kearney, 7 Wheat, 38; In re Mulle, 7 Blatchf. 23. All steps taken to bring the defendant to trial must be taken with the…
1Opinion of the CourtWallin, C. J.
The record in this case shows that Herman Winterer state’s attorney for Barnes County, on December 28, 1895, presented to the District Court for said county (which was then in session, at Valley City) a number of affidavits purporting to contain charges against the appellant of various criminal con-tempts of court, committed by him at diverse times and places. Upon filing the affidavits, the District Court issued an order to show cause, as follows: “It is ordered by the court that Herbert Root, the party named in said affidavits, be, and is hereby, ordered to show cause before this court on…
2Cases cited17 opinions
- Ex Parte BradleySupreme Court of the United States · 1869
- Batchelder v. MooreCalifornia Supreme Court · 1871
- In re PryorSupreme Court of Kansas · 1877
- People ex rel. Choate v. BarrettNew York Supreme Court · 1890
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
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3Cited by18 opinions
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Creekmore v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Ong Hing v. ThurstonArizona Supreme Court · 1966
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- Ex Parte LandryCourt of Criminal Appeals of Texas · 1912
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