State ex rel. Meggett v. O'Neill

• Decision Date: 20 October 1899
• Citation: 104 Wis. 227,80 N.W. 447
• Parties: STATE EX REL. MEGGETT v. O'NEILL, CIRCUIT JUDGE.
• Court: Wisconsin Supreme Court

104 Wis. 227

80 N.W. 447

STATE EX REL. MEGGETT

v.O'NEILL, CIRCUIT JUDGE.

Supreme Court of Wisconsin.

Oct. 20, 1899.

Certiorari to circuit court, Eau Claire county; James O'Neill, Judge.

Certiorari by the people, on the relation of Alexander Meggett, against James O'Neill, circuit judge. Writ quashed.

A writ of certiorari having been issued to review certain contempt proceedings and order or judgment against the relator, and return thereto having been made, the respondent moved to quash the writ. From the record it appears that prior to 1883 an action to foreclose a mortgage was pending, wherein Herbert Nash, as trustee, was plaintiff, and the relator was the principal defendant; that on December 30, 1893, in said action, the court entered an injunctional order, among other things prohibiting the relator from interfering with the mortgaged property, or collecting any rents thereof, which injunctional order was duly served on the relator; that after such service the relator did collect rents amounting to $114.83, which, notwithstanding repeated demands, he failed and neglected to pay over to the receiver appointed in said action. In June, 1898, there was issued an order to show cause why the relator should not be punished for contempt for his disobedience of said injunction. Upon that order to show cause affidavits were introduced on both sides, an issue of fact joined, and testimony taken thereon, and on August 5th an order was made adjudging the relator guilty of willful contempt of court in collecting said rents, and that said relator forthwith pay to the plaintiff or his attorney, L. A. Doolittle, the sum so collected, with interest and costs. On September 29th proof was made to the court by affidavit of demand and refusal of the relator to pay, whereupon the court entered an order adjudging the relator guilty of contempt in having willfully disobeyed the order made by the court on the 5th of August in neglecting and refusing to pay said moneys; that said misconduct was calculated to, and actually did, defeat, impair, and prejudice the rights and remedies of the plaintiff; and that as punishment for said contempt the said Alexander Meggett be committed by the sheriff to the common jail, to be detained and imprisoned until he shall have obeyed the order of August 5th by paying the sums therein specified; whereupon warrant issued, Meggett was arrested, gave bond for the jail limits, and has continued so imprisoned ever since. He has made two motions to vacate said order of imprisonment,--one based simply on the record, the other based on the record and on the additional fact that thereafter he had been discharged in bankruptcy from his debts; among other facts it appearing that relator has had an income from a federal office exceeding $1,500 per year. Both of those orders were denied by the court below. So far as appears, no appeal has been taken or attempted from any of the above-mentioned orders.W. F. Bailey, for relator.

L. A. Doolittle, for respondent.

DODGE, J. (after stating the facts).

A final order in a civil contempt proceeding is appealable as being one affecting a substantial right in a special proceeding. Shannon v. State...