Legal Opinion

Utterson v. Conrad

Supreme Court of Iowa

Decided June 2, 1891PublishedCited by 4 opinions

Certiorari to Poile District Court. Certiorari to the district court of Polk county to review the legality of the action of that court in judging the petitioner guilty of contempt, in violating an injunction, and in entering a judgment that he pay a fine of five hundred dollars and costs, and that he be imprisoned in the j ail of the.county for one hundred and fifty days, unless the fine be paid.

1Opinion of the CourtGiven, J.

The only question presented is the constitutionality of section 1543 of the Code as amended by section 12, chapter 143, of the Acts of the Twentieth General Assembly. It is contended that the law, so far as it provides a fine of five hundred dollars and imprisonment, is unconstitutional. This precise question was settled in Jordan v. Circuit Court of Wapello County, 69 Iowa, 177, and has been uniformly followed since. We think the action of the district court was in all respects within its jurisdiction, and legal, and the judgment is, therefore, affirmed, and the plaintiffs petition dismissed.

2Cases cited1 opinion

  1. Jordan v. Circuit Court of Wapello Co.Supreme Court of Iowa · 1886

3Cited by4 opinions

  1. Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
  2. Evans & McCloud v. Western Union Telegraph Co.Supreme Court of Iowa · 1897
  3. Cain v. Western Union Telegraph Co.Supreme Court of Kansas · 1913
  4. Henry v. Western Union Telegraph Co.Washington Supreme Court · 1913