Legal Opinion

State ex rel. Chappell v. Giles

Wisconsin Supreme Court

Decided December 14, 1859PublishedCited by 11 opinions

APPEAL PROM CIRCUIT COURT, JEFFERSON COUNTY. This was a proceeding in the Circuit Court of Jefferson county, at the February term, A. D. 1859, instituted by the respondent as relator, to punish the appellant for a contempt of court, in neglecting to execute a writ of assistance, issued by the clerk of the court, and delivered to Ernest Off, the under sheriff of the appellant; and was based upon the affidavits of H. Mulberger, and J. J. Enos, attorneys for Chap-pell ; and…

Read the full summary

APPEAL PROM CIRCUIT COURT, JEFFERSON COUNTY. This was a proceeding in the Circuit Court of Jefferson county, at the February term, A. D. 1859, instituted by the respondent as relator, to punish the appellant for a contempt of court, in neglecting to execute a writ of assistance, issued by the clerk of the court, and delivered to Ernest Off, the under sheriff of the appellant; and was based upon the affidavits of H. Mulberger, and J. J. Enos, attorneys for Chap-pell ; and upon the relation, an attachment was issued and served by the coroner, and the appellant, being in custody, answered…

1Opinion of the Court

By the Court,

Paine, J.

This is an appeal from an order of the Circuit Court of Jefferson county, by which the sheriff was adjudged guilty of a contempt, for not executing a writ of assistance, and fined ten dollars and costs. The general rule in relation to convictions for contempt is, that there is no appeal. But there is a very clear distinction between those *102proceedings for contempt which are merely in the nature of civil remedies, for the benefit of the party injured, and those aimed at conduct which tends directly to interrupt the proceedings and impair the authority of the court. In…

2Cases cited5 opinions

  1. Ex Parte KearneySupreme Court of the United States · 1822
  2. Van Hook v. ThrockmortonNew York Court of Chancery · 1839
  3. Vilas v. BurtonSupreme Court of Vermont · 1854
  4. Frelinghuysen & Bruen v. ColdenNew York Court of Chancery · 1833
  5. Hunter v. StateIndiana Supreme Court · 1855

3Cited by11 opinions

  1. In re PierceWisconsin Supreme Court · 1878
  2. State ex rel. Meggett v. O'NeillWisconsin Supreme Court · 1899
  3. Emerson v. HussWisconsin Supreme Court · 1906
  4. State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
  5. Snow v. SnowUtah Supreme Court · 1896

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API