Costilla Land & Investment Co. v. Allen

Citations

• 15 N.M. 528
• 110 P. 847

Syllabus

<p>SYLLABUS' (BY THE COURT.)</p> <p>1. (Proceedings to punish for contempt are deemed criminal in their nature when the purpose is primarily punishment.</p> <p>2. Where the purpose of such proceeding is primarily compensatory or by way of reimbursement to the opposite party for expenses growing out of the alleged contempt the proceeding is deemed civil.</p> <p>3. While the border line between the two classes of proceedings is often indistinct, the question of whether the offender is a party to the suit, whether the proceedings are before final decree and whether the fine goes to the public or a party to the litigation are often determinative considerations.</p> <p>4. No appeal lies in this Territory from a judgment for what is classed as a criminal contempt. Marinan v. Baker,, 12 N. M. 451, followed.</p> <p>5. An order imposing a fine, payable by way of reimbursement to the opposite party, for violation of a preliminary injunction is an interlocutory order in a civil proceeding and review of such an order can he entertained only after final decree and in connection with an appeal therefrom.</p>