The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
next year, and several statutory changes in the law of leases
which the malcontents had desired were soon afterwards
enacted.[Footnote: See Paper by David Murray on the "Anti-rent
Episode in New York," Report of the American Historical
Association for 1896, I, 139.]
During the period of reconstruction in the Southern States,
following the civil war, the courts were repeatedly broken up by
violence and the service of legal process resisted, in some
instances by authority of the military Governor.[Footnote:
S. S. Cox, "Three Decades of Federal Legislation," 469, 472, 495,
496, 509, 544, 565.]
The writ to enforce the judgment of a court of law is called an
execution. It is directed to the sheriff or other proper
executive officer, and requires him to seize and sell the
defendant's property or, as the case may be, to arrest and
imprison him, to turn him out of possession of certain lands, or
to take some other active step against one who has been adjudged
in the wrong, in order to right the wrong, as the judgment may
command.
A judgment for equitable relief is not ordinarily the subject of
an execution.[Footnote: See Chap. VIII.]
A judgment at law is generally to the effect that one of the
parties shall recover certain money or goods or land from the
other. On the prevailing party lies the burden of moving to get
possession of what has thus been adjudged to be due. This he
does by taking out an execution. A judgment in equity is an
order on the defendant to do or not to do some particular act.
It is now an affair between him and the court. He must obey this
mandate or he will be treating the court with disrespect.
To treat a court with disrespect, or, in legal parlance, to be in
contempt of court, is to incur very serious responsibilities. It
is in the nature of a criminal wrong, for it is a direct
opposition to the expressed will of the State. Whoever is guilty
of it makes himself liable to arrest and to be subjected to fine
or imprisonment. If, for instance, an injunction is obtained in
a suit for the infringement of a patent right, it becomes at once
the duty of the defendant to desist from making or selling what
the plaintiff has proved that he only can lawfully make and sell.
If he does not desist, the plaintiff can complain to the court,
and if after a preliminary hearing it appears that his complaint
is well founded, can obtain a warrant of arrest, styled a
"process of attachment." On this, the proper officer takes the
defendant into custody, and brings him before the court to answer
for violating the injunction order. If the case is an aggravated
one, he will be both fined and imprisoned, and the imprisonment
will be in the common jail for such time as the court may order.
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