Shattuck v. State

Citations

• 51 Miss. 50

Syllabus

<p>1. Contempts : Power to punish therefor.</p> <p>Power to punish for contempts is inherent in all courts, especially those of superior cognizance. This is essential to the preservation of order and the proper discharge of the judicial functions.</p> <p>2. Same : Power of court to review for contempt.</p> <p>One court cannot review a contempt committed against another court, nor can a judge discharge a prisoner upon habeas corpus, committed for a contempt of another court.</p> <p>3. Same: Same.</p> <p>Although jurisdiction does not belong to an appellate court to review a judgment for contempt, yet, if the contempt complained of was not committed in the presence of the court, but was for the disregard of its process or disobedience of its precept, common justice demands that the offender should have an opportunity to purge himself of the offense. The usual practice being to serve a rule on the party to show cause, etc.</p> <p>4. Same : Attachment.</p> <p>If the respondent fails to make a true return on the writ of habeas corpusj. an attachment is the proper process to bring the party into court to answer for the contempt. ■</p>