Ex Parte Hill

• Decision Date: 19 July 1932
• Docket Number: No. 6232.,6232.
• Citation: 52 S.W.2d 367
• Parties: Ex parte HILL.
• Court: Texas Supreme Court

52 S.W.2d 367

Ex parte HILL.

No. 6232.

Supreme Court of Texas.

July 19, 1932.

Original proceeding on the relation of W. J. Hill for a writ of habeas corpus to effect applicant's release from the custody of the Sheriff of Hutchison County.

Relator ordered discharged.

Jay H. Brown, of Austin, for relator.

CRITZ, C.

This is an original habeas corpus proceeding instituted in the Supreme Court by W. J. Hill, hereafter designated relator, to effect his release from the custody of the sheriff of Hutchison county, Tex. The writ was granted by Chief Justice CURETON and relator's bail fixed at $200 pending a hearing on the application. The case was submitted in this court on the application of relator, together with accompanying affidavits, and certified copy of the judgment adjudging relator in contempt. Also there is a certified copy of a "capias pro fine" issued by authority of such judgment. The application for the writ and briefs filed by relator urge several matters which he contends render the judgment adjudging him in contempt illegal and void, but we only consider it necessary to discuss one question, which is that the judgment is void on its face.

The judgment reads as follows:

"The Borger State Bank vs. C. C. Horton et al. No. 2184.

                                          "May 6, 1932
                

"This cause having been set for trial upon this day and the parties and their attorneys advised of the setting of said cause, and a jury being demanded and in attendance upon the court, said cause was called for trial, the Defendant appeared by his counsel but the plaintiff's counsel Wilbur J. Hill and John Beverage did not appear, and after the Court and jury waited for thirty minutes upon said Wilbur J. Hill and John Beverage at nine thirty A. M. this cause having been set for nine a. m. said attorneys appeared; whereupon the Court interrogated them as to why there were not there at the time that the case was set and why they kept the court and jury waiting for thirty minutes, to which the said Hill stated that they were to be advised by Defendant's counsel as to the setting of the case, to which the court replied that he had informed the said Hill a day or two before that the case would be taken up at that time and that he had telephoned to Borger, a distance of some thirteen miles, and found that the plaintiff's counsel had not used any kind of diligence to be in attendance upon the Court at the time the cause was set for, and the Court hereupon, after listening to the explanations made by said counsel, Hill and Beverage, that they did not have sufficient excuse or reason for not being in attendance upon said Court at the time said case was called for trial at nine o'clock A. M., and that their actions had delayed, hindered and interfered with the functioning of this court and that said actions were committed and done in the presence of the Court, and that they, the said Wilbur J. Hill, John Beverage, are in contempt of this Court.

"It is therefore ordered, adjudged and decreed that the said Wilbur J. Hill and John Beverage be, and are hereby adjudged to be guilty of contempt of court and they are hereby assessed a fine of Fifteen Dollars against each of them; and it is further ordered that capias pro fine and all other necessary and appropriate writs due issue for the enforcement of this...