State ex rel. Mason v. Harper's Ferry Bridge Co.

Citations

• 16 W. Va. 864
• 1879 W. Va. LEXIS 67

Syllabus

<p>Proceedings against a party for a contempt of court aie in the nature of criminal proceedings; and, when instituted at the instance of another party, when judgment is rendered, the case should be entitled in the name of the State at the relation of such person. On the trial of such a case the answer of the accused is not conclusive, but affidavits may be read against as well as for him.</p> <p>2. If after the service of a supersedeas, issued by the Supreme Court of Appeals to an order of a circuit judge in vacation dissolving an injunction, the appellee violates the injunction, the party is in contempt of the Appellate Court and may be punished by it for disobeying its process.</p> <p>3. The Supreme Court of Appeals may punish a party summarily for such a contempt. Its right to do so is inherent and essential to the existence of the court; and the discretion involved in this power is in a great measure arbitrary and undefinable, and for a contempt of this character it has been in no degree restricted by our statute-law. This court may order, that that which has been done in disobedience of its lawful process shall be undone, where justice to any person requires this course to be adopted. When the contempt is wilful, it may imprison the party; and when merely inadvertent and reckless, it may impose a fine on tie fine be imposed, the conrt may imprison the party, if not paid in the time prescribed by the court. party. If a such fine be</p> <p>4. The advice of counsel may under some circumstances be a palliation of the offence of his client in disobeying the lawful process of this court, but the extent of such palliation must depend upon the character of such advice and the circumstances under which it has been given. The offence will be palliated by such advice to the extent only of making it a reckless disobedience of the process of this court instead of a wilful contempt of this court, when the advice is hasty and inconsiderate, or where the party through careles