City of Newport v. Newport Light Co.

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

17 S.W. 435

92 Ky. 445

City of Newport et al.
v.
Newport Light Co.

Court of Appeals of Kentucky.

October 24, 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 Four days after this judgment was rendered, the appellants sued out an appeal from this court, and superseded the judgment.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 [17 S.W. 436] 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 It was refused, and after the expiration of the term it sued out another appeal from this court, and again superseded the judgment.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...

To continue reading

Request your trial
12 practice notes
  • Wermeling v. Wermeling
    • United States
    • United States State Supreme Court (Kentucky)
    • April 17, 1928
    ...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. But after the expiration of the term of the circuit court at which the judgment was rendered, or became Page 11......
  • Levisa Stone Corp. v. Hays
    • United States
    • United States State Supreme Court (Kentucky)
    • June 14, 1968
    ...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 cannot be It i......
  • Laramie National Bank v. Steinhoff
    • United States
    • United States State Supreme Court of Wyoming
    • June 1, 1898
    ...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. Gund (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. R. Co.......
  • Roper v. Roper
    • United States
    • United States State Supreme Court (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......
  • Request a trial to view additional results
17 cases
  • Wermeling v. Wermeling
    • United States
    • United States State Supreme Court (Kentucky)
    • April 17, 1928
    ...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. But after the expiration of the term of the circuit court at which the judgment was rendered, or became Page 11......
  • Levisa Stone Corp. v. Hays
    • United States
    • United States State Supreme Court (Kentucky)
    • June 14, 1968
    ...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 cannot be It i......
  • Laramie National Bank v. Steinhoff
    • United States
    • United States State Supreme Court of Wyoming
    • June 1, 1898
    ...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. Gund (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. R. Co.......
  • Roper v. Roper
    • United States
    • United States State Supreme Court (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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT