Legal Opinion

In Re Brown

Supreme Court of North Carolina

Decided March 17, 1915PublishedCited by 15 opinions

Appeal by defendant from Peebles, J., in contempt proceedings, beard on rule to show cause, in Northamptoít, in August, 1914. Attachment for contempt, beard on rule to sbow cause.

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Appeal by defendant from Peebles, J., in contempt proceedings, beard on rule to show cause, in Northamptoít, in August, 1914. Attachment for contempt, beard on rule to sbow cause. From tbe facts in evidence it appeared that shortly after the adjournment of May Term of Wayne Superior Court, the same having been held by Judge Peebles, assigned to hold the courts of the Fourth Judicial District, in which said county is situate, the defendants, editors and proprietors of the Weekly Record, a newspaper published weekly in the city of Goldsboro, N. 0., published an editorial article in said paper…

1Opinion of the CourtHoke, J.

At common law, the power of courts of record of general jurisdiction to punish for contempt and, in certain instances, by summary procedure, has existed time out of mind; as said by Judge Blackstone, “as far as the annals of the law extend.”

It is a power inherent in any court engaged in administering justice as a governmental function, and, in the higher courts, established and existent under constitutional provision and in matters essential to the proper and efficient exercise of their jurisdiction, it may not be destroyed or sensibly impaired by legislative enactment. Ex Parte McCown, 139…

2Cases cited20 opinions

  1. Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
  2. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  3. In Re DeatonSupreme Court of North Carolina · 1890
  4. Storey v. PeopleIllinois Supreme Court · 1875
  5. Ex Parte McCownSupreme Court of North Carolina · 1905

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3Cited by15 opinions

  1. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  2. Blodgett v. Superior CourtCalifornia Supreme Court · 1930
  3. State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
  4. State ex rel. Metcalf v. District CourtMontana Supreme Court · 1916
  5. Ex Parte SchenckSupreme Court of North Carolina · 1871

10 more not listed; retrieve them via the Exa API.

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