State v. Nathans

Citations

• 49 S.C. 199
• 27 S.E. 52
• 1897 S.C. LEXIS 148

Syllabus

<p>1. Contempt — Court—Jurisdiction.—The disobedience of an order, judgment or decree of a court having jurisdiction to issue it, is a contempt of that court, whether the order be erroneous or not; but if the court have no jurisdiction, its disobedience is not contempt.</p> <p>2. Ibid. — Titee oe Case — Practice.—In cases of contempt, the title of the case should be, where the object is punishment, in the name of the State; where the object is to compel the performance of an act, it should bear the title of the cause in which the relief is sought; and where both are sought, the case should bear both titles.</p> <p>3. Ibid. — Supreme Court — Criminad Law. — This Court entertains appeals in contempt cases, both because such an order is a final one and because of its appellate jurisdiction in criminal cases.</p> <p>4. Ibid. — Contempts are of two kinds — civil and criminal; both defined.</p> <p>5. Ibid. — Civid Contempts — Reversad of Order. — In civil con-tempts, the setting aside of the order, the disobedience of which was the basis of contempt, carries with it the contempt.</p> <p>6. Ibid. — Criminad Contempt — Criminad Law. — The contempt .alleged in this case is criminal, and continues after the cause out of which it grew has ended.</p> <p>7. Ibid. — Affidavit.—An affidavit is a necessary basis of all contempt proceedings, except those committed in the immediate presence of the court. In this case, there was substantial compliance with this rule.</p> <p>8. Ibid. — Finding of Fact. — The verified statements upon which the contempt proceedings in this case are based, l:fld not to state facts sufficient for that purpose.</p> <p>í). iBrn. — Attorney and C'djKnT— Injunction. — Where an attorney lias two clients, one enjoined and the other not, he is ordinarily nol guilty of contempt in advising or acting professionally for the client not enjoined, when such acts would violate the injunction if performed for the enjoined client.</p> <p>10. Ibid. — Criminad Contempt — Cr