Legal Opinion

State v. Schneider

Missouri Court of Appeals

Decided February 2, 1892PublishedCited by 15 opinions

Error to Gape Girardeau Circuit Gourt. — Hon. H. ,C. O’Bryan, Judge. (1) A judgment of conviction in cases of contempt not committed in the immediate view and presence of the court is subject to review on appeal or writ of error. Freeman, Judgments [2Ed.] sec. 137; Matter of Greene Co. v. Rose, 38 Mo. 390; Meyers v. State, 22 N. E. Rep. (Ohio) 43; Lester v. People, 23 N. E. Rep. (111.) 387; In re Beaton, 11 S. E. Rep.

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Error to Gape Girardeau Circuit Gourt. — Hon. H. ,C. O’Bryan, Judge. (1) A judgment of conviction in cases of contempt not committed in the immediate view and presence of the court is subject to review on appeal or writ of error. Freeman, Judgments [2Ed.] sec. 137; Matter of Greene Co. v. Rose, 38 Mo. 390; Meyers v. State, 22 N. E. Rep. (Ohio) 43; Lester v. People, 23 N. E. Rep. (111.) 387; In re Beaton, 11 S. E. Rep. (N. C.) 244; State exrel. v. District Court, 42 N. W. Rep.o(Minn.) 598; Birdv-. Gilbert, 19 Pac. Rep. (Kan.) 924. (2) The statute relative to punishment for contempt provides :…

1Opinion of the CourtRombaiteb, P. J.

The defendants are judges ol the county court of Cape Girardeau county, who were fined by the circuit court for contempt in wilfully disobeying its orders lawfully issued. ' They have sued out this writ of error, and assigned for error that the order of the circuit court, which they are charged with having disobeyed, was not lawfully issued, and that it appears by the record that they were not guilty of its wilful disobedience. The plaintiff maintains the affirmative of both these propositions, and asserts in addition that the judgment in the contempt proceedings,is not subject to review upon…

2Cases cited21 opinions

  1. The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
  2. Whittem v. StateIndiana Supreme Court · 1871
  3. Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
  4. Zimmerman v. SnowdenSupreme Court of Missouri · 1885
  5. In re Jefferson County v. CowanSupreme Court of Missouri · 1873

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3Cited by15 opinions

  1. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  2. Sutton v. ColeSupreme Court of Missouri · 1900
  3. State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
  4. Sappington v. LenzMissouri Court of Appeals · 1893
  5. State v. McCordSupreme Court of Missouri · 1907

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