State ex rel. Olson v. Allen

Citations

• 14 Wash. 684
• 45 P. 644
• 1896 Wash. LEXIS 437

Syllabus

<p>CONTEMPT — APPEAL — SUFFICIENCY OF AFFIDAVIT CHARGING- CONTEMPT.</p> <p>An order adjudging a person guilty of contempt of court is ap-pealable, under Code Proc., §791.</p> <p>The violation of an order of the court to produce certain books belonging to a bank for which a receiver had been appointed, is not subject to punishment for contempt, although committed by the president of the bank, where the affidavit used as a basis for the contempt proceedings fails to show that it was within the power of the party prosecuted to comply with the order.</p> <p>The fact that proof subsequently introduced upon the trial tends to show that one charged with contempt of court had books in his possession which he was ordered to produce, but that he violated the order, is immaterial when such fact is not sufficiently shown by the affidavit used as a basis for the proceeding.</p>