State v. Knight

Citations

• 3 S.D. 509
• 54 N.W. 412
• 1893 S.D. LEXIS 7

Syllabus

<p>1. Contempts of court are of two kinds — civil and criminal. When a party-refuses to do something which he is ordered to do for the benefit or advantage of the opposite party, such as disobedience of an order of court for the payment of costs, or nonperformance of the awards of arbitrators, the order is looked upon as a civil execution for the benefit of the injured party, although the proceedings are carried on in the shape of a criminal process; and he stands committed until he complies with the order. The order in such case is not punitive, but coercive.</p> <p>2. If the contempt consists in doing a forbidden act, injurious to the opposite party, the process is criminal, and conviction is followed by fine and imprisonment, or both. This is purely punitive.</p> <p>3. Under our statutes (sections 7499, 7500, 7502 Comp. Laws) writs of error are used to remove to this court for examination and review the record in all criminal actions, and they are allowed in all criminal cases from the final decisions of inferior courts. Criminal contempt proceedings are properly brought to this court by writ of error.</p> <p>4. While an appellate court lias jurisdiction to review an order punishing for a criminal' contempt, so far as to ascertain whether the court inflicting the punishment had jurisdiction, or as to whether the words or acts charged constituted a contempt, yet the decision of the court mating it is not to be lightly reviewed. Its judgment should not be reversed unless it is apparent that no contempt has been committed, or that the court exercised its authority in a capricious, oppressive, or arbitrary manner.</p> <p>5. An injunction order is in a certain sense a supersedeas and operates to suspend the proceedings enjoined by it. An attachment for contempt will lie against one to whom the writ is directed, or who has notice of its issuance, if in the face of its restraining force such person proceeds in the matter enjoined.</p> <p>(Syllabus by the Court.</p>