40 Ala. 160 | Ala. | 1866
The transcript shows that the proceeding in the court below was against the applicants for a contempt, and the judgment thereon is clearly authorized by the Code, (ch. 1, title 9, part 1,) and the common law.— Gates v. McDaniel, 3 Porter, 356; Yates v. Lansing, 9 Johns. 395; 4 Johns. 317;
A stranger to a suit, against whom a rule has issued for a contempt of court as to his conduct in reference to the orders or process made or issued in the suit, cannot purge himself of the contempt, by showing that the court had no jurisdiction of the particular suit, where the court is one of general jurisdiction, and the suit is one within the scope of its jurisdiction. — Passmore Williamson's case, 2 Casey, (26 Penn. R.) 31; Clarke v. The People, 1 Breese, 266; 1 Blackf. 166; 1 J. J. Mar. 575; 7 Wheat. 38; Cabot v. Yarborough, 27 Geo. 476; Ex parte Perkins, 18 Cal. 60; 14 Ad. & Ellis, 558; 1 Carter, 160; 4 John. 325; 6 John. 503; 9 John. 423; 5 Ired. 190, 153; 2 Sandf. 724; 1 Hill, 170; 25 Miss. 836; 2 Wheeler’s Crim. Cases, 1; Ex parte Cohen & Jones, 5 Cal. 494.
In the case of Passmore Williamson, supra, Judge Black, in delivering the opinion of the court, says : “ The proposition, that a court is powerless to punish for disorderly conduct, or disobedience of its process, in a case which it ought ultimately to dismiss for want of jurisdiction, is not only unsupported by judicial,authority, but we think it new, even, as an argument at the bar. We ourselves have heard many cases through and through, before we became convinced that it was our duty to remit the parties to another tribunal. But we never thought our process could be defied in such cases, more than others. There are some
After a court of general jurisdiction has decided that it
These views dispose of the motion in this case, without adjudicating any question which affects the merits of the original suit, or the rights of any of the claimants to the cotton in controversey. Questions of title can scarcely, if ever, be adjudicated upon applications of this character. 11 Ala. 268; Knuckles v. Mahone, 15 Ala. 212.
It results that the motion is denied.
BYRD, J. — After a careful examination of the application for a rehearing in this cause, we have come to the following conclusion. The case of Cawthorn v. Knight, 11 Ala. 268, decides, that a levy cannot be set aside, at the instance of a stranger, on the ground that the property levied upon belonged to such stranger, and not to the defendant. This decision is based upon the doctrine, that the stranger must resort to his action for any wrong done to him, and that the question of title could not be tried and determined in that collateral manner. This decision is, in our judgment, eminently wise, and we abide by it. The principle of this decision prohibits an investigation of the title to the cotton, in resisting an order for the delivery of the cotton under penalty of an attachment for contempt.
Upon the motion of the applicants, as shown on the motion docket, the court are unanimously of the opinion, that the decision heretofore rendered in this case, upon the princi
Let tbe application be denied, at tbe costs of tbe applicants.