Legal Opinion

Ford v. State

Supreme Court of Arkansas

Decided October 12, 1901PublishedCited by 8 opinions

Certiorari to Mississippi Chancery Court. Edwahd D. RobeRtson,v Chancellor. Under our statute the punishment for contempt cannot exceed a fine of $50 and an imprisonment for ten days.

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Certiorari to Mississippi Chancery Court. Edwahd D. RobeRtson,v Chancellor. Under our statute the punishment for contempt cannot exceed a fine of $50 and an imprisonment for ten days. Sand. & H. Dig., § 686; S3 Ark. 151; 44 Cal. 475; 44 la. 580; 34 Kan. 314. Certi-orari is the proper remedy when the court has exceeded its ¡jurisdiction. 39 Ark. 173; 53 Ark. 313; 30 Ark. 17; 33 Ark. 107. The legislature has no power to impose limitations upon the authority of the courts to punish contempts by disobedience of process. Of. art. 7, § 36, Const. Ark.; 16 Ark. 384; id. 151; 78 Am. St. 157; S. C.…

1Opinion of the CourtWood, J.

Petitioners, Ford and Beatty, were each adjudged guilty of contempt of court by the chancery court of Mississippi county; said contempt consisting in disobedience to a process of injunction issued by said court. One was fined in the sum of $500, and the other in the sum of $100. This proceeding is by certio-rari to quash the judgment, on the ground that the punishment imposed was in excess of the court’s jurisdiction. Art. 7, § 36, of the constitution is as follows: “The general assembly shall have power to regulate by law the punishment of contempts not committed in the presence or hearing…

2Cited by8 opinions

  1. Yarbrough v. YarbroughSupreme Court of Arkansas · 1988
  2. Turk & Wallen v. StateSupreme Court of Arkansas · 1916
  3. Weldon v. StateSupreme Court of Arkansas · 1921
  4. Bryan v. StateSupreme Court of Arkansas · 1911
  5. Ex parte DukesSupreme Court of Arkansas · 1922

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