125 Ind. 570 | Ind. | 1890
— In the information filed against the appellants these facts are stated : In 1887, William F. McDougal purchased at a commissioner’s sale a tract of land in Daviess county. The sale was made pursuant to a decree of the Martin Circuit Court. After the purchase by McDougal he brought an action for the possession of the land purchased by him, and by change of venue, granted on the application of the defendants, the cause was removed to the court last named. The cause was tried at the February term, 1888, and a judgment was rendered in favor of McDougal. In March of the succeeding year, a writ was issued to the sheriff of Daviess county commanding him to put McDougal in possession of the land. Within a few days after the writ came into the hands of the sheriff he notified the defendants that the writ had been delivered to him, and that they had better seek á place to reside. On the 26th day of March, 1889, the sheriff formally demanded possession, the defendants asked for further time, they repeated this request and they were finally granted until the 6th day of April, 1889. On that day Hiram L. Hawkins and Laura Hawkins, defendants in the action of ejectment and appellants in this cause, took out letters of guardianship for five persons who were under the age of twenty-one years. After obtaining
The Martin Circuit Court undoubtedly had power to enforce obedience to its process and to punish for contempt those who resisted the-officers charged with the execution of that process. The fact that the land was situated in Daviess county, does not affect the jurisdiction of the court whose process was resisted. The removal of the cause from the Daviess Circuit Court to the Martin Circuit Court vested the latter tribunal with plenary jurisdiction of the cause and all its incidents, and the former court had no longer any jurisdiction. It was the process of the Martin Circuit Court that was resisted, and that court was the proper tribunal to punish those who were guilty of contempt in resisting its process and the officers charged with the duty of executing that process.
The Constitution vests the judicial power of the State, although the officers by whom that power is to be exercised may be chosen under laws enacted by the Legislature. Shugart v. Miles, ante, p. 445; State, ex rel., v. Noble, 118 Ind. 350. The power of the courts necessarily comes from the Constitution, for, while it is true that the Legislature does possess powers in their nature judicial, it does not possess
The trial court entered a rule requiring the appellants to
No great strictness is required in the construction or form of a rule requiring a defendant to show cause why he should not be punished for contempt. In cases where an information is filed it is sufficient if the rule informs him, in a general way, of the nature of the charge preferred against him; for it is enough that the rule conveys such notice as will apprise him of the fact that a charge is pending against him, and put him upon inquiry. If he is put upon inquiry he is
The answers of the appellants do not purge their contempt in resisting the execution of the writ issued against them. The judgment that the plaintiff in the action of ejectment was entitled to possession was conclusive, and the defendants were bound to yield to the process issued upon that judgment. They can not, by resisting the execution of that process, raise any question adjudicated in the action for possession. Nor could the defendants, by assuming to sell their interest, after judgment had been given against them, put themselves in a position to resist the enforcement of the judgment by claiming through their own grantees. All who bought after the judgment, or, indeed, after the legal notice was given, were purchasers pendente lite, and must yield to the process issued on the judgment awarding possession to the plaintiff. This is elementary law. Sedgwick & Wait Trial of Title to Land, section 558; Freeman Executions, section 471.
Judgment affirmed.