State ex rel. Dye v. Reilly

Citations

• 40 Wash. 217
• 82 P. 287
• 1905 Wash. LEXIS 964

Syllabus

<p>Contempt — Violation of Order — Affidavit — Sufficiency. An affidavit in contempt proceedings which states that the appellant was restrained by the court from obstructing a highway, and that he afterwards obstructed the same, states sufficient facts to authorize a conviction for contempt.</p> <p>Contempt — Affidavit—Sufficiency—Validity of Judsment Unappealed From. Upon a contempt proceeding for violating an' order as to the obstruction of a highway, the question as to whether the judgment was void because no highway existed cannot be considered when the judgment was not appealed from.</p> <p>Contempt — Parties Plaintiff — Misjoinder. There is no misjoinder of parties plaintiff, in a proceeding for contempt instituted by the state on relation of the prosecuting attorney, in failing to join the road supervisor or county commissioners, in a prosecution for contempt in obstructing a county road, in violation of an order of court.</p> <p>Witnesses — Pbivilege—Giving Evidence Against Oneself — Contempt — Civil Natube. A contempt proceeding is not a criminal case, within the meaning of Const., art. 1, § 9, which provides that no person shall be compelled to give evidence against himself.</p> <p>Same — Punishment When Limited to Pine of $100. A contempt for violating an order against the obstruction of a county road cannot be punished otherwise than by a fine not exceeding $100, under Bal. Code, § 5799.</p>