Legal Opinion

State ex rel. Haskell v. Faulds

Montana Supreme Court

Decided November 11, 1895PublishedCited by 16 opinions

Original Proceeding. Attachment for contempt. Statement of the case by the justice delivering the opinion. On the 30th day of October last, the attorney general of the state filed in this court an affidavit, werein it is shown: That there were then pending in this court three cases, entitled respectively, “The State of Montanan.

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Original Proceeding. Attachment for contempt. Statement of the case by the justice delivering the opinion. On the 30th day of October last, the attorney general of the state filed in this court an affidavit, werein it is shown: That there were then pending in this court three cases, entitled respectively, “The State of Montanan. Devoid J. Whaley,” “The State of Montana v: Olement P. Whaley, ” and “The State of Montana v. Matthew L. Whaley” (16 Mont. 574), in which said cases the opinions of this court had been rendered and announced; but that no remittitur had been issued in either of said…

1Opinion of the CourtPemberton, C. J.

This proceeding is based upon subdivision 7, § 293, of the Penal Code. Under this subdivision, ‘ ‘the publication of a false and grossly inaccurate report of the proceedings of any court’ ’ is recognized as a contempt of court, and the perpetrator thereof is declared to be guilty of a misdemeanor.

The first question that presents itself is this: Is the publication under discussion a report of the proceedings of this court in the cases referred to in the affidavit ? We think this question must be answered in the affirmative. It refers to the cases, tells what was done by this court, and then…

2Cases cited6 opinions

  1. State v. MorrillSupreme Court of Arkansas · 1855
  2. State v. Frew & HartWest Virginia Supreme Court · 1884
  3. Respublica v. OswaldSupreme Court of the United States · 1788
  4. In re MacKnightMontana Supreme Court · 1891
  5. Territory v. MurrayMontana Supreme Court · 1887

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

3Cited by16 opinions

  1. Ott v. BoringWisconsin Supreme Court · 1907
  2. State v. TugwellWashington Supreme Court · 1898
  3. State ex rel. Metcalf v. District CourtMontana Supreme Court · 1916
  4. Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
  5. State v. Bee Publishing Co.Nebraska Supreme Court · 1900

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

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