Blanchard v. Bryan

Citations

• 200 P. 444
• 83 Okla. 33
• 1921 OK 285
• 1921 Okla. LEXIS 290

Syllabus

<p>(Syllabus.;</p> <p>1. Injunctibn — Indirect Contempt — Violation of Injunction Affecting Private Rights.</p> <p>Where a complaint charges a person with the violation of an injunction or restraining order made 'by a court or judge of this state, which injunction order was issued either for the protection of, or enforcement of a private right, and the violation of such order was not committed in the presence of the court, such a complaint charges an indirect contempt, and not a direct contempt.</p> <p>2. Jury — Jury Trial — Constitutional Right —Indirect Contempt.</p> <p>Under section 25, art. 2, Constitution of Oklahoma, a person charged with an indirect contempt shall, upon demand, and before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused.</p> <p>3. Habeas Corpus — Indirect Contempt — Refusal of Jury Trial — Invalidity of Orders.</p> <p>When a person is charged with an indirect contempt and has demanded a jury trial and such demand has been refused by the trial court, any order made by such trial court adjludging the accused guilty of contempt or attempting to commit him to jail or which imposes any other penalty, is void.</p> <p>4.Habeas Corpus — Scope of Inquiry.</p> <p>The inquiry of the state Supreme Court on writ of. habeas corpus is not limited to a consideration of the question of jurisdiction of the person and the subject-matter, but the jurisdiction of the court to rendér the particular judgment or issue the process is a proper subject of inquiry.</p>