Hoskins v. Somerset Coal Co.
Hoskins v. Somerset Coal Co.
Opinion of the Court
Opinion by
This was an action to recover damages for false imprisonment. From the record of the common pleas, offered in evidence by the plaintiff, it appeared that an injunction had been issued by the court restraining the defendants named in the bill, and all other persons, from the time when they should have knowledge of the injunction from interfering with the works and the employees' of the Somerset Coal Company, the defendant in this action. Upon petition supported by affidavits that the plaintiff and others, with a full knowledge of the injunction, had intentionally and defiantly violated it, a rule was granted to show cause why they should not be attached for contempt. After a hearing at which the plaintiff was present, and while the case was pending and undetermined, a second petition was presented to the court in which it was alleged that the plaintiff had further violated tbe injunction. On this petition an attachment was issued, and the plaintiff was arrested by the sheriff and confined in the county jail. On the return day of the writ he was given a hearing, and it was found that he had violated the injunction and was in contempt. The order made was : “ We do not now impose upon the said John Hoskins any fine but direct that upon the payment of the' costs he be discharged from the custody of the sheriff.”
A nonsuit was entered for the reasons, among others, that
The judgment is affirmed.
Reference
- Full Case Name
- Hoskins v. Somerset Coal Company
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- 1 case
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- Syllabus
- Malicious prosecution — False imprisonment — Contempt proceedings— Collateral attack on judgment. In an action to recover damages for false imprisonment in contempt proceedings, a nonsuit is properly entered, because the decree of the court in contempt proceedings is not subject to collateral attack. A sentence for contempt is not essentially different from any other judgment, decree or sentence. It is a matter adjudicated, and it belongs to the very essence of governmental order that it cannot be reviewed except by the court that pronounced it, or by its official superior. Where a person has been adjudicated in contempt, but the court has discharged him on payment of costs only, he cannot maintain an action of malicious prosecution against the petitioner in the contempt proceedings on the theory that the discharge was the result of a failure to make out a case against the plaintiff. Such order was really in effect a sentence to pay the costs following an adjudication that the plaintiff was in contempt.