Higgins v. State
Higgins v. State
Opinion of the Court
The appellants, John B. Higgins and Grady D. Allen, were adjudged guilty of a constructive contempt of Court by the Chancery Court of Eankin County, Mississippi. Fine and imprisonment was imposed upon each of the appellants in the amount of $500.00 and thirty days in jail; $400.00 of the fine and the jail sentence upon appellant Higgins was suspended during good behavior.
The Attorney General has suggested the death of John B. Higgins pending this appeal and his appeal will be remanded to the files.
Section 2640 gives the chancery court concurrent jurisdiction with courts of law to entertain suits under Section 2639. Thirty-two suits were filed on January 29, 1949, in the name of L. G. Melvin, a resident citizen and taxpayer of Bankin County, against various defendants, charging them with the sale of intoxicating liquors and praying for a decree against each defendant in the amount of $1,000.00, $500.00 for the State of Mississippi and $500.00 for Bankin County. On February 6, 1949, Melvin filed motions to dismiss the suits on the ground that he had not authorized the filing of said suits. Higgins advised Allen that before other suits could be filed, he would have to get someone who was a taxpayer in Bankin County in whose name they could file the suits. At this time, the appellant Grady Allen, who was a resi
On February 28, 1949, a hearing was held by the Chancery Court of Rankin County on the motion of Melvin to dismiss the thirty-two suits. At the conclusion of this hearing, the court entered an order appointing three members of the bar to investigate the filing of the above suits, in that the interested parties were probably guilty of contempt; that they attempted to impede, embarrass, obstruct, defeat and corrupt the administration of justice by certain acts and conduct on their part outside and beyond the presence of the court, and that information be filed for further action by the court. Pursuant to said order appointing the attorneys, information was filed on March 9, 1949, charging appellants Higgins, Allen, and others with contempt of court. The information is lengthy and will not be set out in full, but only the main charges as apply to appellant Allen: Allen employed Higgins to file the fifty-eight suits and that after Melvin denied authorizing Higgins to file suit in his name, the appellant Allen conveyed real estate to Wiles for the purpose of filing the twenty-six suits; “That the proceedings were not brought in good faith to recover the penalties sued for but they were willfully and corruptly instigated and filed through and under the influence of the said Grady D. Allen in an attempt and with the willful and corrupt intention then and there to harass, embarrass and intimidate the Sheriff of Rankin County, Mississippi, and all other executive officers of said Ran
“That all these proceedings were tainted with corrupt purposes from their very inception and constitute a fraud upon the jurisdiction, powers and processes of this Court and were calculated and intended to impede, embarrass, obstruct, defeat and corrupt the administration of justice of this court and to belittle the dignity of this court and its lawful processes. That such willful and corrupt acts and conduct on the part of the said L. G. Melvin, John B. Higgins, Grady D. Allen and Claud L. Wiles, constitute a contempt of this Court and they and each of them should be cited to appear before this Court at a time and place to be fixed by this Court for such hearing, then and there to show cause, if any they can, why they should not be adjudged in contempt of this Court and punished therefor.”
The only pleading filed by the appellant Allen to the information was a motion to quash, which was overruled. Upon the trial of the case, the State introduced in evidence the entire fifty-eight suits, and the testimony of the witnesses Higgins, Allen and Melvin taken on the hearing on the motion to dismiss. Sheriff Mashburn of Rankin County testified with reference to the two-story brick building erected by Allen. Although he did not testify as to its value, he stated that there was a large bar on the first floor, the kind seen in liquor establish: ments, and that he visited the place on a number of oeca
Higgins testified in his own behalf and admitted that he was employed by Allen to file the fifty-eight suits. With reference to a motion to substitute Allen as complainant in the place of Melvin, he testified as follows:
“Q. . . . Now wasn’t it with respect to some statement made by his honor after the conclusion of that trial, the hearing?
“A. Well, the whole transaction there and all with reference to it, your honor, was the reason that I wasn’t in favor of having anything more to do with it, just to be frank with you.
“Q. Wasn’t there, Mr. Higgins, some remark made by his honor as to this being a war between bootleggers ?
“A. Yes, sir, that was the reason we didn’t file it. I want to make this statement, your honor, when I went into the transaction of these lawsuits I didn’t know that there was any controversy up here between Mr. Allen or anybody else in Rankin County. I was absolutely innocent of the matter. I didn’t know what motive Mr. Allen had, if he had any, to file the lawsuits and didn’t go into that question with him. I will say this, if I had known then what I know now, I never would have filed it. I wouldn’t have had anything to do with it at all.”
At the conclusion of the hearing, the lower court found that the fifty-eight suits were not filed in good faith, but for some private purpose of Allen and “that was an abuse of the Court and of its processes in instituting suits not for the purpose contemplated by the Statute but for the own private ends of Mr. Allen, and by doing such, he was obstructing and embarrassing the Court in its normal function and obstructing justice.”
There are a number of errors assigned, but the only one argued is that the evidence is insufficient to support the guilt of appellant. We have carefully examined all of the evidence in this record and find that it is
“Willful abuse of legal process, such as instituting, or procuring the institution of, unauthorized of fictitious proceedings or suits, or obtaining court orders by fraud or deceit, provided the other party is prejudiced thereby, is contempt, where such acts obstruct or tend to impede the due administration of justice.” 17 C. J. S., Contempt, Sec. 10. See also 12 Am. Jur., Contempt, Sec. 9.
We are of the opinion that from all of the evidence in this case, the fifty-eight suits were not filed in good faith, but for Allen’s own purpose, which was to unlawfully operate his bar without interference from the law enforcement officers of Rankin County.
Affirmed.
The above opinion is adopted as the opinion of the Court and for the reasons therein indicated, the judgment of the court below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.