Wright v. Suydam

Citations

• 79 Wash. 550
• 140 P. 578
• 1914 Wash. LEXIS 1226

Syllabus

<p>Contempt — Failure to Perform Judgment — Proceedings — Parties. A proceeding in an action to enforce the performance of a judgment decreeing the execution of a deed, hy an alternative order to show cause or he punished for a contempt, is not a “contempt proceeding” within the meaning of Rem. & Bal. Code, § 1054, providing that the state shall he the party plaintiff; and the state is not a necessary party.</p> <p>Specific Performance — Decree—Compliance—Form of Deed. The execution of a warranty deed in ordinary form is not a substantial compliance with a contract of purchase or a judgment decreeing specific performance thereof, where the contract required a warranty deed of the lands together with the right to collect surface and subterranean waters upon the granted lands although the water supply to certain other lands would be cut off or reduced.</p> <p>Contempt — Disobedience of Decree — Elements of Offense — Wilfulness. Under Rem. & Bal. Code, § 1049, subd. 5, providing that disobedience of any lawful judgment shall he deemed contempt of court, the refusal to execute a deed commanded by a judgment is a contempt without showing that the refusal was “wilful.”</p> <p>Same — Disobedience of Decree — Punishment. Under Rem. & Bal. Code, § 1050, limiting the fine for contempt of court to $100 where the right of a party has not been defeated or prejudiced, a fine of $200 for refusing to execute a deed as ordered in a 'judgment is error, since the right or remedy was not defeated or prejudiced.</p> <p>Same. The fact that the court may, under Rem. & Bal. Code, § 605 whenever necessary, appoint a commissioner to convey real estate, does not prevent judgment in contempt proceedings requiring the defendant to execute a deed' in compliance with a judgment, within five days, or be committed to the county jail until he does so; since there was no necessity for the appointment of a commissioner where the court had jurisdiction of the parties.</p>