Ex Parte Bankhead
Supreme Court of Alabama
Petition by Gid Bankhead for certiorari or other remedial writ to be directed to Hon. A. S. Vandegraaf, as Judge of the Circuit Court of Lamar County, to' review the order of the court committing said Gid Bankhead for contempt.
Read the full summary
Petition by Gid Bankhead for certiorari or other remedial writ to be directed to Hon. A. S. Vandegraaf, as Judge of the Circuit Court of Lamar County, to' review the order of the court committing said Gid Bankhead for contempt. The facts made by the petition are that at the regular fall term of the circuit court of Lamar county held in September, 1913, there was pending an indictment against one Will Bankhead, brother of petitioner, charging him with a felony; that Gid Bankhead was summoned as a witness and attended court on September 5th and 6th, when the case was called; that an attachment…
1Opinion of the CourtAnderson, C. J.
[1] Independent of the inherent power of courts to punish for contempt, and notwithstanding the restriction and limitation attempted to be placed thereupon by the statute, the trial court had jurisdiction and power in the case at bar under the statute (section 4630 of the Code of 1907).
[2] It appears to he the recognized rule that, in order to punish for a constructive contempt, as distinguished from a direct con-' tempt, the offending party should have notice of the nature and character of the charge and be given an opportunity to answer and defend himself, and this is generally done by a…
2Cases cited17 opinions
- SavinSupreme Court of the United States · 1889
- United States v. ShippSupreme Court of the United States · 1906
- Ex parte DickensSupreme Court of Alabama · 1909
- State v. Frew & HartWest Virginia Supreme Court · 1884
- Ex parte HardySupreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Wetzel v. Bessemer Bar Ass'n.Supreme Court of Alabama · 1942
- Hunter v. StateSupreme Court of Alabama · 1948
- Tapley v. Liberty Super MarketsSupreme Court of Alabama · 1974
- Ex Parte WetzelSupreme Court of Alabama · 1942
- McCollum v. Birmingham Post Co.Supreme Court of Alabama · 1953
32 more not listed; retrieve them via the Exa API.