In re Foote
Synopsis
Contempt Committed in Presence or Court—Loss or Jurisdiction by Delay. — The superior court loses jurisdiction to punish for a contempt committed in its presence, when it delays to take any proceedings in the matter for a period of fifty days after the alleged commission of the contempt,.and then attempts to proceed without notice to the respondent.
The Court. Admitting that petitioner was guilty of contempt committed in the presence of the court, it appears that no proceedings were taken by the court, at the time , the contempt was committed, to punish the petitioner, nor were any steps taken to retain jurisdiction, until fifty days thereafter, when the order adjudging him guilty of contempt, and imposing a fine of three hundred dollars, was made, without notice of any kind. Under these circumstances we think the court lost jurisdiction to proceed against petitioner for contempt, and that the order and commitment are void.
Let the petitioner be discharged.
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