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In re Dalton

In the matter of the Petition of Samuel Dalton for a Writ of Habeas Corpus

In re Dalton, 46 Kan. 253 (1891)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
January 15, 1891
Citations
46 Kan. 253
Headnotes
Tsial Covet — No Contempt, When. Criticism or contemptuous language in regard to the acts and declarations of the judge of the trial court, embodied in a brief filed in the appellate court, are not in contempt of the trial court.
Summary
Original Proceeding in Habeas Corpus. The opinion, filed May 9, 1891, contains a sufficient statement of the case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam:

The applicants, Samuel Dalton and Elma B. Dalton, were charged with contempt, by the district court of Cowley county. Said supposed contempt consisted of a criticism of the acts and declarations of the judge and court at a trial of a cause, and were embodied in a brief filed in this *254 court, in a cause that was tried in the Cowley county district court, and determined in September, 1890. The case was brought to this court by proceedings in error, filed herein on the 20th day of February, 1891, and the brief containing the contemptuous language was filed in this court on the 12th day of March, 1891.

This court has said that, after a case is disposed of in the court in which it originated, or is pending—

“A court or judge has no power to compel the public, or any individual thereof, attorney or otherwise, to consider his rulings correct, his conduct proper, or even his integrity free from stain, or to punish for contempt any mere criticism or an animadversion thereon, no matter how severe or unjust.” (In re Pryor, 18 Kas. 72 .)

It is ordered that the petitioners be discharged.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1908: 11919: 11923: 11929: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. The People v. Sherwin166 N.E. 513 (Ill. 1929)
  2. State Board of Law Examiners v. Hart116 N.W. 212 (Minn. 1908)
  3. In re Hickey149 Tenn. 344 (1923)
  4. In re Cottingham66 Colo. 335 (1919)

Most recent

  1. The People v. Sherwin166 N.E. 513 (Ill. 1929)
  2. In re Hickey149 Tenn. 344 (1923)
  3. In re Cottingham66 Colo. 335 (1919)
  4. State Board of Law Examiners v. Hart116 N.W. 212 (Minn. 1908)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Pryor, 18 Kan. 72 (1877) 45

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