“While the power to punish for contempt may and should be used in an appropriate case, it should not be used unless the case clearly calls for its exercise.”
How later courts described this case
- “While the power to punish for contempt may and should be used in an appropriate case, it should not be used unless the case clearly calls for its exercise.”
- “the freest opportunity should always be given [the accused] to produce his defense.”
Written by the judges who cited it.
The opinion
On Petition to Rehear
Mb. Justice White.
Herman E. Taylor, acting as his own counsel, has filed what we construe to he an earnest and sincere petition to rehear. It is founded, however, on the erroneous premise that our original opinion was based upon his conduct in bringing an action in the name of Robinson when Robinson, prior thereto, had sold his stock in the defendant Corporation and assigned his rights under the contract in question. We said in our original opinion that the petitioner’s contempt in the main grows out of statements made in open court, and to the court in chambers, with reference to the ownership of the stock in question on the date that the hill was filed.
We have read with care and sympathy the petition to rehear, hut we find nothing therein which was not fully considered by us in the preparation of our original opinion.
The petition to rehear is denied.