26 S.D. 34 | S.D. | 1910
This is an appeal from the judgment of the circuit court adjudging the appellant guilty of contempt of
The sole question for our consideration herein is whether the court has the right to adjudge a .party to be in contempt of court
In the case of People ex rel. Field v. Turner, 1 Cal. 152, the Supreme Court of that state, after considering this question quite fully and showing the reasons why such findings should be made, said: “We think it follows from the distinctions above considered that the final order of the court, by which a party is adjudged to have been guilty of a contempt, should always show upon its face the facts upon which the exercise of the power is based, and the adjudication made. This is certainly the general, if not the uniform, practice.” It is true in that case that there was absolutely no findings in the judgment, but we think that, even if there were some findings, -unless such findings were sufficient to warrant the conclusion of the court, the judgment could not stand, and it must be conceded that in the case at bar, where there were no finding's, either to the effect that appellant was financially able to obey the order of the court, or that he had willfully and intentionally rendered himself - unable to obey such -order, there was insufficient to warrant the judgment. It is true that in a later California case — Ex parte Henshaw, 73 Cal. 486, 15 Pac. no — the court found that no findings of the court were necessary, and distinguished the Turner Case, but an examination of said case shows that as a matter of fact the court virtually made complete findings, in that' in the judgment the court referred to the charges presented against the party found guilty of contempt and specifically declared that the court found each and every one of such allegations to be true.
For all that may appear ’ from the records herein, the trial court punished this defendant without finding that he was acting willfully or contumaciously in not obeying the court’s order.
The judgment of the circut court punishing the appellant for contempt is reversed.