Jenkins v. State

• Decision Date: 05 October 1899
• Parties: JENKINS v. STATE.
• Court: Nebraska Supreme Court

59 Neb. 68

80 N.W. 268

JENKINS

v.STATE.

Supreme Court of Nebraska.

Oct. 5, 1899.

Syllabus by the Court.

A party is guilty of contempt who willfully disregards or refuses to comply with an order of court directing him to restore the subject-matter of litigation, if the court possessed jurisdiction to enter the same, although the proceedings may have been never so erroneous.

Error to district court, Butler county; Sedgwick, Judge.

Charles T. Jenkins was adjudged guilty of contempt, and brings error. Affirmed.Chas. T. Jenkins, and Burr & Burr, for plaintiff in error.

W. W. Stowell and Geo. P. Sheesley, for the State.

NORVAL, J.

Charles T. Jenkins, an attorney residing in the city of Lincoln, was found guilty of contempt of court by the district court of Butler county, and sentenced to pay a fine. The record is before us for review. It is disclosed that one Arthur Myatt instituted a replevin action in the county court of Butler county against Charles T. Jenkins and J. B. Morrison to recover possession of certain wheat in stack. The property was seized under the writ, and possession thereof, upon Myatt giving the required bond, was delivered to him. He procured the wheat to be threshed, and the grain (not being in good condition), instead of being stored in elevators as was intended, was sold to F. P. Van Wickle, of Surprise, for $407.40. By agreement or consent of the parties the proceeds of the sale were left in the hands of Van Wickle, or rather his agent, Mr. Metzger, to await the termination of the litigation. Subsequently the replevin action was tried, and Jenkins obtained judgment for the return of the wheat or its value. Three days thereafter he caused an execution to be sued out on said judgment, and to be delivered to A. J. Stanwood, constable. On the same day Jenkins and the officer went to said Metzger, agent of Van Wickle, and demanded the proceeds of the wheat. Jenkins falsely stated to Metzger that he had an order from the county court to pay over the money to him, and exhibited at the time a paper which he claimed to be such order. Metzger thereupon asked that a half hour be given in which to communicate with Myatt by wire, which request was refused, as was also the request that he be given five minutes for consultation and consideration of the demand for the proceeds of the wheat. Jenkins also threatened that, if the money was not paid over at once, they would close up the business of Van Wickle under the said alleged...