Blacks Law - 4th Edition
CONTEMPT
CONTEMPT. A willful disregard or disobedience
of a public authority.
CONTEMPT OF COURT. Any act which is calculated
to embarrass, hinder, or obstruct court in
administration of justice, or which is calculated
to lessen its authority or its dignity. Ex parte
Hobrook, 133 Me. 276, 177 A. 418, 420. Committed
by a person who does any act in willful contravention
of its authority or dignity, or tending
to impede or frustrate the administration of justice,
or by one who, being under the court's authority
as a party to a proceeding therein, willfully
disobeys its lawful orders or fails to comply
with an undertaking which he has given.
Snow v. Hawkes, 183 N.C. 365, 111 S.E. 621, 622,
23 A.L.R. 183.
Classification
Contempts are of two kinds, direct and constructive.
Direct contempts are those committed in the
immediate view and presence of the court (such
as insulting language or acts of violence) or so
near the presence of the court as to obstruct or
interrupt the due and orderly course of proceedings.
These are punishable summarily. They
are also called "criminal" contempts, but that
term is better used in contrast with "civil" contempts.
See infra. State v. McClaugherty, 33
W.Va. 250, 10 S.E. 407. Pelletier v. Glacier County,
Mont., 107 Mont. 221, 82 P.2d 595, 597.
Constructive (or indirect) contempts are those
which arise from matters not occurring in or near
the presence of the court, but which tend to obstruct
or defeat the administration of justice,
and the term is chiefly used with reference to the
failure or refusal of a party to obey a lawful order,
injunction, or decree of the court laying upon
him a duty of action or forbearance. Maryott v.
Maryott, 124 Neb. 274, 246 N.W. 343.
Constructive contempts were formerly called "consequential,"
and this term is still in occasional use.
Contempts are also classed as civil or criminal.
The former are those quasi contempts which
consists in the failure to do something which the
party is ordered by the court to do for the benefit
or advantage of another party to the proceeding
before the court, while criminal contempts are acts done in disrespect of the court or its
process or which obstruct the administration of
justice or tend to bring the court into disrespect.
A civil contempt is not an offense against the dignity
of the court, but against the party in whose
behalf the mandate of the court was issued, and
a fine is imposed for his indemnity. But criminal
contempts are offenses or injuries offered to the
court, and a fine or imprisonment is imposed upon
the contemnor for the purpose of punishment.
Staley v. South Jersey Realty Co., 90 A. 1042, 1043,
83 N.J.Eq. 300, L.R.A.1917B, 113, Ann.Cas.1916E,
955; Fenton v. Walling, C.C.A.Cal., 139 F.2d 608,
609.
CONTEMPT. A willful disregard or disobedience
of a public authority.
CONTEMPT OF COURT. Any act which is calculated
to embarrass, hinder, or obstruct court in
administration of justice, or which is calculated
to lessen its authority or its dignity. Ex parte
Hobrook, 133 Me. 276, 177 A. 418, 420. Committed
by a person who does any act in willful contravention
of its authority or dignity, or tending
to impede or frustrate the administration of justice,
or by one who, being under the court's authority
as a party to a proceeding therein, willfully
disobeys its lawful orders or fails to comply
with an undertaking which he has given.
Snow v. Hawkes, 183 N.C. 365, 111 S.E. 621, 622,
23 A.L.R. 183.
Classification
Contempts are of two kinds, direct and constructive.
Direct contempts are those committed in the
immediate view and presence of the court (such
as insulting language or acts of violence) or so
near the presence of the court as to obstruct or
interrupt the due and orderly course of proceedings.
These are punishable summarily. They
are also called "criminal" contempts, but that
term is better used in contrast with "civil" contempts.
See infra. State v. McClaugherty, 33
W.Va. 250, 10 S.E. 407. Pelletier v. Glacier County,
Mont., 107 Mont. 221, 82 P.2d 595, 597.
Constructive (or indirect) contempts are those
which arise from matters not occurring in or near
the presence of the court, but which tend to obstruct
or defeat the administration of justice,
and the term is chiefly used with reference to the
failure or refusal of a party to obey a lawful order,
injunction, or decree of the court laying upon
him a duty of action or forbearance. Maryott v.
Maryott, 124 Neb. 274, 246 N.W. 343.
Constructive contempts were formerly called "consequential,"
and this term is still in occasional use.
Contempts are also classed as civil or criminal.
The former are those quasi contempts which
consists in the failure to do something which the
party is ordered by the court to do for the benefit
or advantage of another party to the proceeding
before the court, while criminal contempts are acts done in disrespect of the court or its
process or which obstruct the administration of
justice or tend to bring the court into disrespect.
A civil contempt is not an offense against the dignity
of the court, but against the party in whose
behalf the mandate of the court was issued, and
a fine is imposed for his indemnity. But criminal
contempts are offenses or injuries offered to the
court, and a fine or imprisonment is imposed upon
the contemnor for the purpose of punishment.
Staley v. South Jersey Realty Co., 90 A. 1042, 1043,
83 N.J.Eq. 300, L.R.A.1917B, 113, Ann.Cas.1916E,
955; Fenton v. Walling, C.C.A.Cal., 139 F.2d 608,
609.