Ex Parte McCown
Supreme Court of North Carolina
Tbe petitioner, M. E. McCown, was attached for contempt by His Honor, Judge G. W. Ward, at the August Term, 1905, of the Superior Court of Dueham County. He was adjudged in contempt and ordered to be imprisoned in the county jail for thirty days and fined two hundred dollars.
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Tbe petitioner, M. E. McCown, was attached for contempt by His Honor, Judge G. W. Ward, at the August Term, 1905, of the Superior Court of Dueham County. He was adjudged in contempt and ordered to be imprisoned in the county jail for thirty days and fined two hundred dollars. Having no right to appeal from the decision {State v. Mott, 49 N. 0., 449, In re Davis, 81 N. C., 72), he applied to the writer of this opinion as a justice of this court for a writ of habeas corpus, which Avas issued and made returnable before him on Monday, the 4th day of September, 1905. At the hearing, as counsel…
1Opinion of the Court
Walker, J.,
after stating the case: This matter, as now presented to us, really involves the correctness of the ruling of Judge Ward in the proceedings which resulted in the commitment of the respondent and the imposition of a fine upon him for contempt of court. If upon the facts, as found by the judge, a contempt was committed within the meaning and intent of the law upon that subject, or to express the same idea in somewhat different words and as it is usually stated, if the judge was in the exercise of a rightful juris diction in tbe particular case, bis decision cannot be reviewed in a…
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