State ex rel. Martin v. Pendergast

Citations

• 39 Wash. 132
• 81 P. 324
• 1905 Wash. LEXIS 830

Syllabus

<p>Appeal—Bond—Amount—Sufficiency. Where, upon an appeal from a judgment of contempt, the court fixed the amount of the supersedeas bond, which was given before the journal entry of judgment, a subsequent appeal from the judgment cannot be dismissed for insufficiency of a second bond in the sum of $200, when such bond was not conditioned to effect a stay, but only as an appeal bond.</p> <p>Contempt—Parties—Presiding Judge—Appeal—Dismissal. The trial judge is not a proper party to a proceeding for contempt in a court over which he presides, and wh,en joined an appeal from the judgment will be dismissed as to him.</p> <p>Courts—Jurisdiction—Process—Orders Forbidding Payment of Court Stenographer. An order of the superior court, not made in any action or proceeding, and without pleading or process, forbidding the payment of county warrants for stenographer’s fees in cases pending in such court, is void.</p> <p>Contempt—Void Orders. Advising the violation of a void order is not contempt of court.</p> <p>Contempt—Prosecution—Affidavit—Necessity of. A contempt committed without the presence of the court can only he prosecuted hy affidavit stating the facts constituting the contempt.</p> <p>Contempt — Summary Punishment — Judgment — Recitation of Facts—Sufficiency—Order to Apologize to Court—Validity. A judgment of contempt reciting that an attorney refused to obey an order of the court requiring him to apologize to the trial judge, cannot be upheld as a summary punishment of a contempt committed in the presence of the court, since such judgments must, under Bal. Code, § 5800, recite the facts constituting the contempt, and it was not contempt to refuse to apologize, such order exceeding the authority of the court.</p>