In re Coulter

Citations

• 25 Wash. 526
• 65 P. 759
• 1901 Wash. LEXIS 426

Syllabus

<p>CONTEMPT • — • LEGALITY 03? COM3MITMENT.</p> <p>Under Bal. Code, §5798, subd. 5, which provides that disobedience of any lawful judgment, decree, order or process of the court shall be deemed a contempt of court, and Id., § 5801, which provides that, where a contempt is not committed in the immediate presence and view of the court, “before any proceedings can be taken therein, the facts constituting the contempt must be shown by an affidavit presented to the court,” the court has no authority to punish defendant for contempt in refusing to apply money in his possession towards the satisfaction of a judgment, as ordered by the court in supplemental proceedings, where the fact of such refusal is brought to the attention of the court by the return of the sheriff and not by way of an affidavit.</p> <p>SAME — REVIEW IN HABEAS CORPUS PROCEEDINGS.</p> <p>Although the court in proceeding in a contempt matter without having the facts constituting it shown by affidavit may be merely erroneously exercising jurisdiction, rather than acting without jurisdiction, yet the legality of the order of commitment may be inquired into by writ of habeas corpus, under Bal. Code, § 5826, which restricts courts or judges from inquiring into the legality of any judgment or process whereby the party is in custody for any contempt of court; but provides that an order of commitment as for a contempt upon proceedings to enforce the remedy of a party, shall not be included in the restrictions upon such inquiry.</p>