Levan v. Richards
Idaho Supreme Court
Original proceeding by writ of review. In so far as the judgment purports to find D. B. Levan guilty of contempt and to assess a fine against him in the sum of $25 no complaint is laid, but we contend that that portion of the judgment purporting to assess damages to the sum of $298.25 is wholly void and that the court had no jurisdiction to render any such judgynent.
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Original proceeding by writ of review. In so far as the judgment purports to find D. B. Levan guilty of contempt and to assess a fine against him in the sum of $25 no complaint is laid, but we contend that that portion of the judgment purporting to assess damages to the sum of $298.25 is wholly void and that the court had no jurisdiction to render any such judgynent. In other words, that the sole power of the court in contempt proceedings is defined by our statute and is limited to a fine and imprisonment. This portion of the judgment being void, and being, as we contend, in •excess of the…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts.) — The petitioner makes no objections to the action of the court in the assessment of the fine of twenty-five dollars and costs of the contempt proceedings, but alleges that that portion of the judgment proposing to assess damages in the sum of $298.25 is wholly void, and that the court had no jurisdiction to render any such judgment; in other words, that the sole power of the court in contempt proceedings is defined by our statute, and is limited to a fine and imprisonment. The defendants contend that the writ of review will not lie, because there is a remedy by…
2Cases cited5 opinions
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- Boyd v. StateNebraska Supreme Court · 1886
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- Ex parte SweeneyNevada Supreme Court · 1883
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- Nordick v. SorensenIdaho Supreme Court · 1959
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