Legal Opinion · Concurrence

In re Fite

Court of Appeals of Georgia

Decided October 12, 1912No. 4463Published

Attachment for contempt. On October 7, 1912, the Court of Appeals passed an order as follows: "“It being made to appear to this court that Augustus W. Fite, one of the judges of the superior courts of this State, whose decisions are subject to review by this court, did write and cause to be published on October 5, 1912, in the Atlanta Daily Constitution, a newspaper of general circulation, published in Atlanta, Georgia, an article, a copy of which is hereto attached; and it…

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Attachment for contempt. On October 7, 1912, the Court of Appeals passed an order as follows: "“It being made to appear to this court that Augustus W. Fite, one of the judges of the superior courts of this State, whose decisions are subject to review by this court, did write and cause to be published on October 5, 1912, in the Atlanta Daily Constitution, a newspaper of general circulation, published in Atlanta, Georgia, an article, a copy of which is hereto attached; and it further appearing that the said article was delivered to and read by the Judges of this court during the March term,…

1ConcurrencePottle, J.

The issues presented by the rule and answer in this ease are of the utmost moment — indeed they are of graver importance than any other questions with which this court has been called upon to deal. Had we consulted our personal feelings, we would infinitely have preferred to take no official notice •of the article written by the respondent, and let his conduct receive that censure which it merits from an .enlightened public opinion. Many times have courts been forced into a trying situation such as that which now confronts this court. In a similar case in Virginia many years ago Judge Dade…

2Cases cited20 opinions

  1. Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
  2. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  3. Mitchum v. StateSupreme Court of Georgia · 1852
  4. Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
  5. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903

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