 The distinction between refusing to do an act commanded, — remedied by imprisonment until the party performs the required act; and doing an act forbidden, — punished by imprisonment for a definite term; is sound in principle, and generally, if not...  The Central Law Journal - Side 41911Uten tilgangsbegrensning - Om denne boken
 | United States. Supreme Court - 1911 - 766 sider
...re Nevitt, 117 Fed. Rep. 448; Howard v. Durand, 36 Georgia, 359; Phillips v.Weleh, 11 Nevada, 187. The distinction between refusing to do an act commanded,...defendant's refusing to do any affirmative act required, Opinion of the Court. 221 US but rather in doing that which had been prohibited. The only possible... | |
 | 1927 - 924 sider
...fixed duration. In the case of Gompers v. Bucks Stove $• Range Co., supra, the Supreme Court said: ' The distinction between refusing to do an act commanded...which to determine the character of the punishment.' "The court instanced the case of a refusal to turn property over to a receiver upon the order of a... | |
 | 1911 - 388 sider
...328 ; In re Nevitt, 117 Fed. 448 ; Howard v. Durancl, 36 Ga. 359; Phillips v. Welch, 11 Nev. 187.) The distinction between refusing to do an act commanded,...defendant's refusing to do any affirmative act required, but rather in doing that which had been prohibited. The only possible remedial relief for such disobedience... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1911 - 772 sider
...re Nevitt, 117 Fed. Rep. 448; Howard v. Durand, 36 Georgia, 359; Phillips v.Welch, 11 Nevada, 187. The distinction between refusing to do an act commanded,...defendant's refusing to do any affirmative act required, Opinion of the Court. 221 US but rather in doing that which had been prohibited. The only possible... | |
 | United States. Supreme Court - 1911 - 760 sider
...A. 622, 117 Fed. 448; Howard v. Durand, 36 Ga. 359, 01 Am. Dec. 767; Phillips v. Welch, 11 Nev. 187. The distinction between refusing to do an act commanded...which to determine the character of the punishment. _, In this case the alleged contempt did 2 not consist in the defendant's refusing to • do any affirmative... | |
 | 1917 - 930 sider
...re Nevitt, 117 Fed. Kep. 448; Howard v. Durand, 36 Georgia, 359; Phillips v. Welch, 11 Nevada, 187. The distinction between refusing to do an act commanded...defendant's refusing to do any affirmative act required [444], but rather in doing that which had been prohibited. The only possible remedial relief for such... | |
 | United States. Congress. House. Committee on the Judiciary - 1912 - 396 sider
...In re Nevitt, 117 Fed., 448; Howard v. Durand. 36 Ga., 359; Phillips v. Welch, 11 Nov., 187.) by _ imprisonment for a definite term— is sound in principle,...defendant's refusing to do any affirmative act required, but rather in doing that which had been prohibited. The only possible remedial relief for such disobedience... | |
 | Harold Remington - 1915 - 1154 sider
...remedy coercive in its nature, but solely as a punishment for the completed act of disobedience. * * * "The distinction between refusing to do an act commanded,...affords a test by which to determine the character of punishment." Again, a civil contempt is a proceedings between the original parties, instituted by the... | |
 | Thomas Welburn Hughes - 1922 - 686 sider
...defendant stand committed unless and until he performs the affirmative act required by the court's order. The distinction between refusing to do an act commanded,...defendant's refusing to do any affirmative act required, but rather in doing that which Had been prohibited. The only possible remedial relief for such disobedience... | |
 | United States - 1923 - 1008 sider
...act expressly forbidden by an order of the court. As stated by the court in the Gompcrs Case : " ' The distinction between refusing to do an act commanded,...which to determine the character of the punishment.' '' If a judgment of imprisonment be entered in a civil contempt proceeding, ordinarily the defendant... | |
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