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eBook details

• Title: State Ex Rel. Tague v. District Court Et Al.
• Author : Supreme Court of Montana
• Release Date : January 09, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Supervisory Control ? Contempt ? Violation of Water Right Decree ? Proceedings Reviewable on Certiorari ? Proceedings Criminal in Nature ? Guilt of Contemnor must be Shown Beyond Reasonable Doubt ? Applicability of Doctrine of Res Adjudicata ? Judgments Conclusive of What ? District Judges ? Disqualification by Affidavit ? Statute not Applicable in Contempt Proceeding. District Courts ? Disqualification of Judges ? Statute Inapplicable in Contempt Proceedings. 1. The statute (sec. 8868, Rev. Codes 1921, as amended by Chap. 93, Laws of 1927) providing for the disqualification of district judges by the filing of affidavits is inapplicable in contempt proceedings. - Page 384 Contempt ? Proceedings Reviewable on Certiorari ? Extent to Which Supreme Court may Review Evidence. 2. While there is no appeal from a judgment or order made in a contempt case, the matter may be reviewed on writ of certiorari, and on such writ the supreme court may review the evidence to determine whether the charges against the contemnor are unsupported by the evidence or the findings are contrary thereto or the judgment of contempt has no evidence to support it, but the court may not review the evidence to determine the preponderance thereof. Same ? Proceeding Criminal in Character ? Evidence must Show Guilt Beyond Reasonable Doubt. 3. Contempt proceedings are essentially criminal in character, and before a court may render a judgment imposing punishment for contempt, the evidence must establish the contemnors guilt beyond a reasonable doubt. Same ? Doctrine of Res Adjudicata Applies in Proceeding ? Violation of Water Right Decree ? Admissibility of Decree in Evidence. 4. The doctrine of res adjudicata is as applicable in criminal cases as it is in civil suits; hence where the trial court in a contempt proceeding (criminal in its nature), involving water rights, had in a prior like proceeding against the contemnor in its judgment found that he was the successor in interest of one of the parties and as such bound by the decree, such judgment was properly admissible in evidence in the second proceeding. Judgments ? As to What Matters Conclusive. 5. A judgment is conclusive upon every matter actually and necessarily decided in a former suit though not then directly the point in issue. Contempt ? Judgment Declaring Contemnor Guilty Held not Attempt to Adjudicate Substantial Property Rights in Proceeding ? Supervisory Control. 6. Where, in a proceeding in contempt for violation of a water right decree there was no attempt to vary or extend the provisions of the decree and the issue was whether the contemnor was bound thereby, not to adjudicate any right owned or claimed by him, the rule that substantive property rights may not be adjudicated through the medium of contempt proceedings, held inapplicable on petition for writ of supervisory control.

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