People v. Samuel

<p>Abstract of the Decision.</p> <p>. 1. Contempt, § 2*—when court has power to punish. The courts of record have an inherent power to punish contempts committed in facie curia;.</p> <p>2. Contempt, § 1*—how classified. Contempts are either direct, such as are offered to the court while sitting as such and in its presence, or constructive, being offered not in its presence, but tending by their operation to obstruct and embarrass or prevent the due administration of justice.</p> <p>3. Contempt, § 1*—how proceedings for punishment classified. Proceedings for contempt are of two classes, those which are criminal in their nature and sometimes called common-law contempts, and those which are intended as purely civil remedies ordinarily arising out of the alleged violation of some order entered in the course of a chancery proceeding.</p> <p>4. Contempt—when proceeding to punish for unfounded motion for change of venue criminal. Where the contempt alleged is the making of a motion for change of venue on the ground of prejudice based on untrue affidavits, the proceeding is criminal.</p> <p>5. Contempt, § 1*—when proceeding criminal. When the contempt alleged consists of something done or omitted in the presence of the court tending to impede or interrupt its proceedings or lessen its dignity, or out of its presence in disregard or abuse of its process, the proceeding is punitive or criminal, and the penalty is inflicted by way of punishment for the wrongful act and to vindicate the authority and dignity of the People as represented by their judicial tribunals.</p> <p>6. Contempt, § 52*—what distinction between procedure in equity and at law. In a contempt proceeding in a court of equity, where the party in contempt has answered the interrogatories, his answer may be contradicted and disproved by affidavits of the adverse party, while in courts of law he may purge himself by oath, and if he clears himself by his answers the complaint is dismissed.</p> <p>7. Contempt, § 61*—when answer sufficient to purge. In a proceeding for contempt alleged to have arisen upon a motion for change of venue on the ground of prejudice, answer to respondent examined and held to be sufficient to purge him of the alleged contempt.</p> <p>8. Venue, § 21*—when application for change to he signed hy party to record. The application for the change of venue must be made by a party to the record and the petition verified by such party,</p>