In re Tilghman

Citations

• 103 Kan. 906
• 177 P. 9
• 1918 Kan. LEXIS 419

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Failure to Turn Over Property — Contempt Proceedings— Nature of Action. A proceeding to punish for contempt under section 7769 of the General Statutes of 1915, for failure to turn over property sought to be replevined, is civil in its nature.</p> <p>2.. Contempt Proceedings — Proper Party Plaintiff. Generally a proceeding to punish for contempt which may be instituted by a party to enforce his own rights in an action is civil and not criminal, the state' and its prosecuting officers not being directly or materially interested therein.</p> <p>3. Same — Contempt Proceedings — Jurisdiction of Justice of Peace. A justice of the peace before whom such a proceeding has been had, and who has adjudged the defendant in a replevin action to be in contempt for failure to turn over the property sought to be taken, is without jurisdiction to send a commitment to another county for the apprehension of such defendant, and the constable of his court is without authority to execute such paper in such other county.</p> <p>4. Same — Habeas Corpus — Petitioner Released. One who is arrested in such other county on such commitment and forcibly taken to the county whence it issued and placed in jail may maintain habeas corpus to secure'his release.</p>