Hanson v. Sward

Citations

• 92 Kan. 1
• 140 P. 100
• 1914 Kan. LEXIS 154

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Witness — Refusal to Answer Proper Question — Contempt— Punishment. Whether a question put to a witness in a case' where the court has jurisdiction of the subject matter and of the person, and which he refuses to answer, is pertinent and proper is for the determination of the court and not the witness, and if he persists in his refusal he will be subject to punishment for contempt.</p> <p>2. Same — Purpose of Punishing Witness for Contempt. Imprisonment may be imposed not only as punishment for contumacy, but also to compel obedience to a lawful order and to enforce the production of testimony deemed to be necessary to the administration of justice.</p> <p>3. Administrator — Appointment Not Open to Collateral Attack. The appointment of an administrator is not open to collateral attack merely because the appointee is not next of kin to the deceased whose estate is being administered.</p> <p>4. False Imprisonment — Petition Fails to State Cause of Action. On an examination of the averments of appellant’s petition it is held that they fail to state a cause of action for false imprisonment against the appellees.</p>