Hydock v. State

• Decision Date: 23 November 1899
• Docket Number: 10,742
• Citation: 80 N.W. 902,59 Neb. 296
• Parties: ANTON HYDOCK ET AL. v. STATE OF NEBRASKA
• Court: Nebraska Supreme Court

80 N.W. 902

59 Neb. 296

ANTON HYDOCK ET AL. v. STATE OF NEBRASKA

No. 10,742

Supreme Court of Nebraska

November 23, 1899

ERROR to the district court for Douglas county. Tried below before FAWCETT, J. Reversed in part.

Judgment as to Hydock affirmed, judgment against Ensor reversed.

H. H Baldrige and R. B. Montgomery, for plaintiffs in error.

C. J Smyth, Attorney General, and Thomas & Nolan, for the state.

OPINION

NORVAL, J.

Thomas H. Ensor and Anton Hydock, respectively, mayor and policeman of South Omaha, were adjudged guilty of contempt of court upon an information charging them with the violation of a restraining order issued out of the district court of Douglas county, and a fine of $ 200 was imposed upon each of them. Each has prosecuted a petition in error, to obtain a reversal of the said judgment and sentence. The sole complaint is that the evidence adduced is insufficient to sustain the finding. On April 1, 1899, the registrars of the south ward of the city of South Omaha were engaged in the registration of the electors of said ward. Ed Johnson, who was a resident and elector of the ward, appeared at the place of registration, and, as he had the legal right to do, attempted to act as challenger. Some time in the afternoon of said day said Johnson was forcibly, and against his will, ejected from the place of registration by said Anton Hydock and one Patrick Morrissey, a police captain of said city, and was refused permission to appear before the registrars and challenge persons who presented themselves for registration. Thereupon Johnson obtained from the district court an order restraining Thomas H. Ensor, mayor of South Omaha, John C. Carroll, chief of police in said city, Patrick Morrissey, a captain of the police, and said Anton Hydock, a policeman, and all members of the police force of said city, and all persons acting under them, from interfering with Johnson in the exercise of his right as challenger at the registration. This order was served upon Hydock at 5:13 P. M. of said day, upon Morrissey at 5:15 upon Ensor at 6:34 and upon Carroll at 6:57. Almost immediately after the restraining order was served upon Hydock and Morrissey, and before the same was served upon Ensor, Johnson was seized by Hydock and one Aley and taken from the place of registration. They claimed to have arrested Johnson for disturbing the peace, but the evidence fails to disclose any infraction of the...