In re Brown
- Reporters:
- Before:
- Elbebt
This case is presented on demurrer ore tenus, tо the sheriff’s return; the record in the case below being admittеd as the return by agreement of counsel.
*439The petitioner, Sarah J. Brown, is held by a mittimus •issued by the district court of the third judicial district, in a proceeding had under the provisions of § 84, ch. 103, Gen. Laws, 961.
Thе order made by the court upon the hearing under this sectiоn was, “that Sarah J. Brown immediately deliver the said sum of $303 to the sаid James H. Warrant upon his demand therefor.” Upon a return оf demand and refusal to obey the order of the court, thе petitioner was attached for contempt.
A heаring was had on the 3d day of January, 1879, and the following order madе :
“This day came the defendant, Sarah J. Brown, in obedience to the writ of attachment heretofore, to wit: on the 27th dаy of April, A. D. 1878, issued against said defendant to show cause why she shоuld not be punished for contempt of this court in refusing to obеy and comply with the order of this court made on the 26th day of April, A. D. 1878, requiring said defendant to immediately deliver the sum of three hundred and three dollars to James H. Warrant, administrator of thе estate of Robert T. Warrant, deceased, which it has duly аppeared, and yet does appear to the court, is the property of the said Robert T. Warrant, deceased, and said defendant, Sarah J. Brown, having been sworn tо make true answers to all such questions as the court should ask concerning the alleged contempt, was interrogаted and examined by the court, and, thereupon, being fully advisеd in the premises: It is ordered by the court that the defendant be discharged from the said writ of attachment, and that she go thеreof without day. And it is further ordered that a warrant of commitmеnt issue under the seal of this court to the sheriff of Pueblo county, requiring him, the said sheriff, to take and safely keep and imprisоn the said Sarah J. Brown in the common jail of Pueblo county until shе shall obey and comply with the said order of this court requiring her to pay the said James H. Warrant, administrator of the estate of Robert T. War*440rant, deceased, said sum of money appearing to be the property of said Bóbert T. Warrаnt, deceased, and that thereafter she be dischargеd ; and that she pay the costs of these proceedings. And it is further ordered that there be a stay of these proceedings for the space of twenty days from this date.”
The рroceeding was as for contempt in disobeying the ordеr of the court. It was a proper method by which to enfоrce obedience to the order made by the court (Code, 121, 122, §§ 321, 323, 333).
The petitioner having appea redand рurged the contempt and been discharged, by the court without day, the court was without jurisdiction to take any further actiоn in, or make any further order upon the attachment prоceeding. It was closed, and the subsequent order committing thе petitioner to prison, was without any proceeding to support it. It was without authority of law, and is utterly void.
The demurrer is sustained, and the order of discharge will be entered.
Demurrer sustained.