City of Newport v. Newport Light Co.

CourtCourt of Appeals of Kentucky
Citation17 S.W. 435,92 Ky. 445
PartiesCity of Newport et al. v. Newport Light Co.
Decision Date24 October 1891

Appeal from Louisville law and equity court.

"To be officially reported."

Proceedings for contempt by the Newport Light Company against the city of Newport and others for disobedience of a judgment enjoining said city from making any contractor lighting its streets during the continuance of a contract with plaintiff for that purpose. From a judgment for plaintiff, defendants appeal.

Holt C.J.

In July, 1885, the appellee, the Newport Light Company, obtained a judgment in the Louisville law and equity court against the appellant the city of Newport, perpetually enjoining it from making any contract with any party for the lighting of its streets, by gas or otherwise, during the continuance of the then existing contract between them for that purpose, and from ceasing to take gas as per the contract from the appellee. The judgment was affirmed by this court. In July 1891, the appellee, through its president, obtained, upon affidavit, a rule against the mayor and councilmen of the city to show cause for contempt by disobeying the injunction. July 13, 1891, their response was held insufficient, and they adjudged to be in contempt. They were given until a certain day to purge themselves of the contempt by annulling a contract the city had made with another company for lighting its streets, etc., and by ceasing to use such light. They were also ordered to rescind a resolution of the council discontinuing the light furnished by the appellee, and to continue to take gas from it. Four days after this judgment was rendered, the appellants sued out an appeal from this court, and superseded the judgment. Thereafter, and for the reason, doubtless, that under our Code an appeal can only be granted during the term at which it is rendered by the court rendering it, and which term, in the Louisville law and equity court, expires 60 days from judgment, the appellants asked that court to grant them an appeal. It was refused, and after the expiration of the term it sued out another appeal from this court, and again superseded the judgment. What had thus been done was made known to the lower court by a supplemental response, but it made the rule for contempt absolute, and awarded an attachment against the appellants, and the record before us shows that since then the court has entered a judgment committing the mayor and councilmen to jail for three months, unless they sooner comply with the judgment of July 13, 1891, the execution of it being suspended, however until a certain day. An appeal was also refused by the lower court from this last order. The appellants are now asking that a rule, which they obtained from this court without the respective parties being then heard, against the appellee for alleged contempt in disobeying the supersedeas upon the appeal by continuing to prosecute the contempt proceeding in the lower court, be made absolute. They are also asking a rule for contempt against the judge of the lower court for proceeding, as is claimed, in violation of the supersedeas of this court; also a writ of prohibition to restrain further action upon his part; and in the event this court is of the opinion the judgment of July 13, 1891, is not of such a final character as to authorize an appeal from it, that then the judge of the lower court be ordered by this court to grant an appeal from the order committing the appellants to jail.

Upon the other hand, the appellee is moving to dismiss the appeal and whether this should be done is the only question we shall now determine, as doubtless the lower court will be governed in the future by the ruling of this court upon that question thus rendering it unnecessary to consider the other motions. It is urged that the appeal should be dismissed- First, upon the ground...

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17 cases
  • Wermeling v. Wermeling
    • United States
    • United States State Supreme Court — District of Kentucky
    • April 17, 1928
    ...15 Ky. Law Rep. 768; American Accident Co. v. Reigart, 92 Ky. 142, 17 S.W. 280, 13 Ky. Law Rep. 442; City of Newport v. Newport Gaslight Co., 92 Ky. 445, 17 S.W. 435, 13 Ky. Law Rep. 532. But after the expiration of the term of the circuit court at which the judgment was rendered, or final,......
  • Levisa Stone Corp. v. Hays
    • United States
    • United States State Supreme Court — District of Kentucky
    • June 14, 1968
    ...Marcum v. Commonwealth, 272 Ky. 1, 113 S.W.2d 462; and Local No. 181, etc. v. Miller, Ky., 240 S.W.2d 576. In City of Newport v. Newport Light Co., 92 Ky. 445, 17 S.W. 435, such a judgment was superseded. We are aware of no valid reason why a judgment imposing a fine for civil contempt cann......
  • Laramie National Bank v. Steinhoff
    • United States
    • Wyoming Supreme Court
    • June 1, 1898
    ...45 N.Y. 637; Ludlow v. Knox, 4 Abb. App., 326; 7 Abb. Pr., 411; State v. Davis (N. D.), 51 N.W. 942; Wyatt v. Magee, 3 Ala. 94; Newport v. Light Co., 92 Ky. 445; Hessey v. (Wis.), 74 N.W. 342; State v. Hansford (W. Va.), 28 S.E. 791; Dandridge's Case, 2 Va. Cases, 408; 28 S.E. 154; Hamlin v......
  • Roper v. Roper
    • United States
    • United States State Supreme Court — District of Kentucky
    • March 8, 1932
    ...the dignity of a court or tend to bring it into disrespect or obstruct the administration of justice. City of Newport v. Newport Light Co., 92 Ky. 445, 17 S.W. 435, 13 Ky. Law Rep. 532; Adams v. Gardner, Judge, 176 Ky. 252, 195 S.W. 412. In proceedings of this class, section 950-1 of the St......
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