People of Territory of Utah v. Owens
| Decision Date | 25 January 1892 |
| Citation | 8 Utah 20,28 P. 871 |
| Court | Utah Supreme Court |
| Parties | PEOPLE OF THE TERRITORY OF UTAH, RESPONDENT, v. EVAN R. OWENS, APPELLANT |
APPEAL from a judgment of the district court of the first district. The opinion states the facts.
Appeal dismissed.
The defendant was arrested on an attachment for contempt, and he was discharged on the payment of the costs of attachment, and from that order he appeals. We think we cannot review a proceeding in contempt when the court below had jurisdiction. There is nothing in our statutes allowing an appeal in such cases, and the rule of law is that each court judges for itself in cases of contempt, and the judgment of the court is not a subject of review by an appellate court. When an appeal is allowed it is by statutory provision. Notes to Clark v. People, 12 Amer. Dec. 184; Yates v. Lansing, 9 Johns. 395; Baldwin v. Miles, 58 Conn. 496, 20 A. 618. Therefore the appeal must be dismissed.
To continue reading
Request your trial
-
Von Hake v. Thomas
...law in this area is decisional and based on the common law. See, e.g., In re Whitmore, 9 Utah 441, 35 P. 524 (1894); People v. Owens, 8 Utah 20, 28 P. 871 (1892). The substantive and procedural rules were then altered by statute. See, e.g., Compiled Laws of Utah §§ 1790, 1807, 6990, 7058-73......
-
Robinson v. City Court for City of Ogden, Weber County
... 185 P.2d 256 112 Utah 36 ROBINSON v. CITY COURT FOR CITY OF OGDEN, WEBER COUNTY et al No ... One of ... the earliest cases decided by this court, People v ... Carrington, 5 Utah 531, 17 P. 735, held that prohibition ... was ... by the territorial court. In People v. Owens, 8 Utah ... 20, 28 P. 871, and In re Whitmore, 9 Utah 441, 35 P ... ...
-
Ex parte Whitmore
... 35 P. 524 9 Utah 441 EX PARTE GEORGE C. WHITMORE Supreme Court of Utah January 12, 1894 ... court, he was sentenced to pay to the people of the Territory ... of Utah a fine of $ 25 and the cost of the ... In the ... case of People v. Owens , 8 Utah 20, 28 P ... 871, this court held that it would not review ... ...
-
Snow v. Snow
...for appellant. Powers, Straup & Lippman, for respondent. Appeal does not lie from the order adjudging defendant guilty of contempt. People v. Owens, 8 Utah 20; Clark People, 12 Am. Dec. 184, notes; In re Whittemore, 35 P. 529; Staples v. Staples, 24 Lawyers' Rep. 433; 2 Enc. of Pleading and......