State v. Sweetland

Citations

• 3 S.D. 503
• 54 N.W. 415
• 1893 S.D. LEXIS 8

Syllabus

<p>1. In a proceeding for a constructive contempt, the affidavit on which the proceedings is based is jurisdictional, and all the facts showing that the case is one over which the court has jurisdiction must be made to affirmatively appear by the affidavit.</p> <p>2. It does not affirmatively appear by the affidavit on which the proceedings for contempt in the county court were based that the publication complained of was made pending the trial of the cause referred to in such publication; and it does not affirmatively appear by said affidavit that the article complained of was calculated to intimidate, influence, embarrass, or impede the court in the due administration of justice in any cause then pending, or to prevent a fair and impartial trial of the same. The court had no jurisdiction, therefore, to convict and punish the plaintiff in error for the alleged contempt.</p> <p>(Syllabus by the Court.</p>