Smith v. Miller
Court of Appeals of Kentucky
CASE 32. — PETITION BY LLEWELLYN SMITH POR A WRIT OP PROHIBITION TO RESTRAIN THE JUDGE OP THE JEFFERS’ON CIRCUIT COURT PROM PUNISHING HIM POR A CONTEMPT IN THE VIOLATION OP AN INJUNCTION ORDER ISSUED IN A- SUIT BY THE MONTENEGRO RIEHM MUSIC CO. AGAINST JOHN T. MACAULEY ETC. — March 13. Motion for writ in Appellate Court. POINTS AND AUTHORITIES.
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CASE 32. — PETITION BY LLEWELLYN SMITH POR A WRIT OP PROHIBITION TO RESTRAIN THE JUDGE OP THE JEFFERS’ON CIRCUIT COURT PROM PUNISHING HIM POR A CONTEMPT IN THE VIOLATION OP AN INJUNCTION ORDER ISSUED IN A- SUIT BY THE MONTENEGRO RIEHM MUSIC CO. AGAINST JOHN T. MACAULEY ETC. — March 13. Motion for writ in Appellate Court. POINTS AND AUTHORITIES. A. Under section 110 of the Constitution of Kentucky, this court can issue a writ of prohibition to prevent a circuit court from imposing .an illegal fine. (Hindman v. Toney, 97 Ky., 413; Shackel-ford v. Patterson, 23 Ky. Law Rep., 316; Louisville…
1Opinion of the Court
OPINION op the Court by
Judge Paynter
— Denying writ.
The petitioner, Llewellyn Smith, moves the court to grant a writ of prohibition to prevent Judge Shackelford Miller, judge of the Jefferson Circuit Court, chancery branch, first division from punishing him for contempt of court for the violation of an order of injunction issued by Judge Matt O’Doherty, judge of the Jefferson Circuit Court, on January 22, 1906, wherein the Montenegro Riehm Music Company is the plaintiff and John McCauley and others are defendants. The plaintiff, Montenegro Riehm Music Company, and the deefndant, Smith & Nixon…
2Cases cited1 opinion
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
3Cited by4 opinions
- Marcum v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Barrone v. Moseley Bros.Court of Appeals of Kentucky · 1911
- Wormald v. MacyCourt of Appeals of Kentucky · 1961
- Karr v. Kentucky State Board of Dental ExaminersCourt of Appeals of Kentucky · 1971