Minnesota Supreme Court, 1889

In re Fanning

In re Fanning
Minnesota Supreme Court · Decided January 4, 1889
40 Minn. 4; 41 N.W. 1076; 1889 Minn. LEXIS 1 (Minnesota Reports)

Counsel

W. H. Donahue and James A. Kellogg, for petitioner., Thos. Canty, for respondent.

In re Fanning

Opinion of the Court

By the Court.

In this case the order committing for contempt had a double aspect: First, it was in the nature of a remedy to the party to enforce payment of the alimony; second, it was also punitive, or merely in punishment of the offence of contempt. In the first aspect it was only for the private benefit of the party; in the second, only to assert and vindicate the authority of the court, and so far its purpose was public. So far as it was private or remedial, — that is, so far as it required payment of money to the other party, — its force and life fell with the entry of judgment of dismissal; but, so far as it imposed a fine, the entry of judgment did not affect it. It follows that the petitioner is not entitled to a discharge until he has paid the *5fine. On payment of that, the remainder of the order being no longer in force, of course he will be entitled to a discharge. Let the petitioner be remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.