Easton v. State
Supreme Court of Alabama
Appeal from the Circuit- Court of Mobile. Tried before the Hon. C. W. Bapier. The record in this case contains, besides the appeal bond, citation, &c., only the judgment from which the appeal is taken, and which is in the following words: “ It is ordered by the court, that a fine of fifty dollars be entered against W. C. Easton, for contempt.
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Appeal from the Circuit- Court of Mobile. Tried before the Hon. C. W. Bapier. The record in this case contains, besides the appeal bond, citation, &c., only the judgment from which the appeal is taken, and which is in the following words: “ It is ordered by the court, that a fine of fifty dollars be entered against W. C. Easton, for contempt. It is therefore considered by the court, that the State of Alabama, for the use of Mobile county, recover of W. 0. Easton the sum of fifty dollars.” This judgment is now assigned’ as error.
1Opinion of the CourtStone, J.
The power to punish contempts by fine and imprisonment, is incident to all courts of justice; and without such power, the administration of the law would be in continual danger of being thwarted by the lawless. This power seems to be as ancient as courts themselves.—See 4 Bla. Com. 288.
It is also settled, by an unbroken chain of authorities, that when the contempt is committed in the face of the court, “ the offender may be instantly apprehended and imprisoned, at the discretion of the judges, without any further proof or examination.”—Ib. 286; 1 Tidd’s Pr. 479; 2 Bouv. Bacon’s Abr. 633.
Anothe…
2Cases cited1 opinion
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