In re Atkins

Citations

• 5 Alaska 20

Syllabus

<p>1. Contempt <&wkey;18—Officers.</p> <p>The judge of the district court appointed three appraisers under sections 939, 940, Kev. Stat. U. S. 1878 (U. S. Comp. St. 1916, §§ 1565, 1566), to appraise and place a value upon certain fur seal skins seized by United States revenue cutters in Bering Sea, and brought to Sitka for condemnation and sale; the United States marshal interfered with the appraisers and forbade them from appraising the skins claiming they were in his possession. Held, guilty of contempt of court.</p> <p>2. Criminal Law <&wkey;99S—Judgment—Courts—Jurisdiction.</p> <p>For contumacious opposition to the order of the court the United States marshal was fined $50 and paid the fine to the clerk; subsequently he made a motion to have the entry of said fine expunged from the record, remitted, and the money refunded, denying any intention to disregard or in any way disrespect or violate the order of the court. Held that, while courts may, during the term, correct or recall judgments in either civil or criminal cases, which are unexecuted, yet that, when a fine has been imposed, paid, and the record completed, the court has no further power over the subject-matter, and can give no relief.</p> <p><§=»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>