Opinion

Brown v. Brown

  • 4 Ind. 627
  • 1853 Ind. LEXIS 258
Court
Indiana Supreme Court
Filed
Dec 31, 1853
Status
Published
Author
Roache
On the bench
Roache
Cited by
21 cases
Authority
More cited than 99.0%

The opinion

Roache, J.

Petition for a divorce. On the hearing of the petition, it was dismissed.

The Court taxed the costs of the cause against the attorney of the plaintiff, because of the unnecessary grossness and indelicacy of the petition, and of his improper deportment in reading it.

To set aside this taxation, the cause is brought here.

To protect itself against gross violations of decency and decorum, is a necessary incidental power of a Court. They have the right to punish in this way such misconduct as is alleged in this case, on the part of an attorney. It is a power to be exercised at the sound discretion of the judge, and this Court can interfere only where it is shown to have abused its discretion.

H. F. Kiger, for the plaintiffs.

G. Baker, for the defendant.

This is not shown in the present case. See Loveland v. Jones, ante, p. 184.

Per Curiam.

The judgment is affirmed with costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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