Hardin v. Silvari
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Citarles A. ■ Bisiiop, Judge. Appeal from a judgment in certiorari proceedings brought in the district court to review the action of the defendant, as judge of the police court of the city of Des Moines, in entering three separate judgments for alleged contempts committed in the presence of that court.
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Appeal from Polk District Court. — Hon. Citarles A. ■ Bisiiop, Judge. Appeal from a judgment in certiorari proceedings brought in the district court to review the action of the defendant, as judge of the police court of the city of Des Moines, in entering three separate judgments for alleged contempts committed in the presence of that court. The correctness of the defendant’s return is not questioned, and' may be set out: “I was engaged as such police judge in the trial of the case of city of Des Moines against Ttobt. Inman et al., and in the trial of other cases. That while in the trial of…
1Opinion of the CourtLadd, J.
The statute allows one accused of contemptuous conduct towards a court, at his option, to make a writ- • ten explanation thereof under oath. Section 4465, Code. And it was held in Russell v. French, 67 Iowa, 102, that he-has the absolute right to make such explanation “for the-purpose of excusing the conduct or reducing the punishment,. and a reasonable opportunity must be given for this purpose-before punishment is inflicted.” But for this decision, some-members of the court would be inclined to say that the matter of allowing written explanation of direct contempts-those committed in the…
2Cases cited2 opinions
- Russell v. FrenchSupreme Court of Iowa · 1885
- In re NoonanSupreme Court of Kansas · 1892
3Cited by8 opinions
- Knox v. Municipal Court of City of Des MoinesSupreme Court of Iowa · 1971
- Watson v. CharltonSupreme Court of Iowa · 1951
- Coyle v. SawyerSupreme Court of Iowa · 1924
- Tuttle v. HutchisonSupreme Court of Iowa · 1915
- Knox v. HarrisonSupreme Court of Iowa · 1971
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