State v. Superior Court of King County

Decision Date09 May 1902
Citation68 P. 1051,28 Wash. 590
CourtWashington Supreme Court
PartiesSTATE ex rel. DENHAM v. SUPERIOR COURT OF KING COUNTY et al.

Application for mandamus on the relation of H. T. Denham against the superior court of King county and W. R. Bell, judge thereof to compel the fixing of a supersedeas bond on appeal from a judgment for contempt. Granted.

William P. Reynolds and Arthur Remington, for relator.

James J. McCafferty, for respondent.

DUNBAR J.

The relator was fined $300 for contempt of court, and ordered committed until such fine was paid, and until an order of the court in relation to turning over certain moneys to a receiver was complied with. An exception was taken to the judgment for contempt, which was allowed. An appeal was taken from said judgment, and the court was asked to fix the amount of a supersedeas bond for the purpose of staying the judgment of contempt until the matter could be tried on appeal. The court refused to fix said bond, and the relator is here asking for a writ of mandamus to compel the court to fix a supersedeas bond.

The argument in this case has taken a wide range, both in the briefs and upon oral argument. It is not material, so far as the disposition of this case is concerned, whether the court was acting with or without jurisdiction in the contempt proceeding. If acting without jurisdiction, and an adequate appeal was available to the relator, the writ, under many decisions of this court, would not issue. If acting within its jurisdiction and the fruits of the appeal would be lost by reason of the refusal of the court to accept a supersedeas bond, the writ would issue. But in this instance it is conceded that the relator is entitled to an appeal, and the one question is, is he entitled to a stay of proceedings during the pendency of his appeal? This question, it seems to us, is definitely settled by the statute. Section 5811, 2 Ballinger's Ann. Codes & St., is as follows: 'Either party to a judgment in a proceeding for a contempt may appeal therefrom in like manner and with like effect as from judgment in an action, but such appeal shall not have the effect to stay the proceedings in any other action, suit, or proceeding, or upon any judgment, decree, or order therein concerning which or wherein such contempt was committed.' The statute is so plain that it is difficult to construe it. The law provides for a stay of proceedings in appeals, and if an appeal may be taken in a proceeding for contempt with like effect as from judgment in an...

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6 cases
  • Mayers v. Bronson
    • United States
    • Utah Supreme Court
    • June 10, 1941
    ... ... BRONSON, Judge, et al No. 6252 Supreme Court of Utah June 10, 1941 ... Prohibition by ... Judges of the Third Judicial District Court of the State ... of Utah, and another ... Temporary ... In ... State ex rel. Board of County Commissioners V ... Superior Court of Washington for ... Peterson V. Superior Court of King County , 67 ... Wash. 370, 121 P. 836, 837, and State ex ... ...
  • Cooper v. Hindley
    • United States
    • Washington Supreme Court
    • September 28, 1912
    ... ... 916 70 Wash. 331 COOPER v. HINDLEY et al. Supreme Court of WashingtonSeptember 28, 1912 ... rtment ... 1. Appeal from Superior Court, Spokane County; J. Stanley ... Webster, Judge ... Constitution and laws of the state of Washington, they had no ... right or authority to ... ...
  • State v. Poindexter
    • United States
    • Washington Supreme Court
    • July 19, 1906
    ... ... 147 STATE ex rel. MARTIN v. POINDEXTER, Judge. Supreme Court of WashingtonJuly 19, 1906 ... Mandamus ... by ... requiring Miles Poindexter, as judge of the superior court, ... to fix a bond to supersede a judgment of disbarment ... presiding in Chelan county; that in the case of the state, ... upon relation of John D. Dill ... ...
  • Packenham v. Reed
    • United States
    • Washington Supreme Court
    • February 27, 1905
    ... ... REED, Superintendent of Reform School. Supreme Court of WashingtonFebruary 27, 1905 ... S ... Reed, superintendent of the state reform school. Writ ... granted ... the justices of the peace of Lewis county of a violation of ... section 12 of the act of 1903 ... the subject, to the judge of the superior court of said Lewis ... county, as required by ... ...
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