Opinion
No. 5454.
Decided February 19, 1930.
Contempt — Punishment — Jurisdiction.
A district court has no power to punish for contempt of another district court, e.g. for violation of an injunction issued by such other court. Ex parte Gonzalez, 111 Tex. 399, followed.
Original application by Depew to the Supreme Court for writ of habeas corpus.
Relator, held in custody by the sheriff of Travis County under a judgment of the District Court punishing him, for contempt for disregard of an injunction, applied to the Supreme Court for writ of habeas corpus. The court, having issued the writ, referred the case to the Commission of Appeals, Section B, for their opinion as to its disposition, and, adopting same, discharge relator from custody.
Dickens Dickens, for relator.
Relator was adjudged guilty of contempt by the 53rd District Court of Travis County for the violation of a temporary injunction issued by the Criminal District Court of Travis County, now the 98th Judicial District.
Under the authority of Ex Parte Gonzales, 111 Tex. 399, one court in no case is authorized to punish contempt in another court, hence the proceedings by which relator was adjudged guilty of contempt are void and he is entitled, under the writ of habeas corpus sued out, to be released from custody.
We recommend he be ordered discharged.
The relator is discharged, as recommended by the Commission of Appeals.
C. M. Cureton, Chief Justice.