Some confusion has been created by opinions of this court which recognize a limited right of appeal from judgments punishing for criminal contempt on the ground the punishment was either "illegally imposed" or was "excessive". French v. Commonwealth, 97 S.W. 427, 30 Ky. Law Rep. 98; Williams v. Howard, 270 Ky. 728, 110 S.W.2d 661; Lisanby v. Wilson, 280 Ky. 768, 134 S.W.2d 651, 653. In the first of these cases a jury had imposed a $5,000 fine, and in the other two the court entertained an original proceeding for a writ of prohibition.
The court is of the view that the petition states facts and circumstances entitling the petitioner to the extraordinary remedy sought."); Herr v. Humphrey, 277 Ky. 421, ___, 126 S.W.2d 809, 810 (1939) ("The first question presenting itself is as to the power of this court to issue a writ of prohibition restraining a circuit judge from punishing for contempt where he is proceeding outside of his jurisdiction or is proceeding erroneously within his jurisdiction. This is no longer an open question, as it was determined in the affirmative in the case of Williams v. Howard, 270 Ky. 728, 110 S.W.2d 661, the basis of the opinion being that where the lower court was about to impose a fine for criminal contempt without jurisdiction, or erroneously within his jurisdiction, the petitioner was without adequate remedy by appeal and would suffer great and irreparable injury."); Lisanby v. Wilson, 280 Ky. 768, ___, 134 S.W.2d 651, 653 (1939) ("Although a judgment punishing one for contempt of court may not be superseded, and this Court on appeal is limited to a determination of whether the penalty was legally imposed or was excessive as distinguished from the question of the appellants' guilt or innocence, this court is authorized by the Constitution, § 110, to issue writs of prohibition, not only where the lower court is proceeding outside of its jurisdiction, but where it is acting within its jurisdiction, though erroneously, and great and irreparable injury will result to the applicant and there exists no adequate remedy by appeal or otherwise. Because of the inadequacy of the remedy by appeal in contempt proceedings, we have not hesitated to issue a writ to prohibit punishment for contempt whenever a proper case for the exercise of this power has been presented to us." (citation omitted)); Williams v. Howard, 270 Ky. 728, ___, 110 S.W.2d 661, 663 (1937) ("An appeal will not lie from a
The fact that the contempt judgment may take the form of an order directing the offending parties to do or to refrain from doing some act, does not make the judgment one granting an injunction, within the meaning of the Code provision. For further guidance of the parties, we will point out that a judgment punishing for contempt may not be superseded. Kindt v. Murphy, 312 Ky. 395, 227 S.W.2d 895; Marcum v. Com., 272 Ky. 1, 113 S.W.2d 462; Lisanby v. Wilson, 280 Ky. 768, 134 S.W.2d 651. The motion for a writ of prohibition is overruled.
A judgment punishing one for contempt of court may not be superseded, and we suppose the parties would hardly deem the remedy of appeal adequate if kept in jail until this court could, in due course, reverse the judgment. In Lisanby v. Wilson, 280 Ky. 768, 134 S.W.2d 651, 653, we said: "Because of the inadequacy of the remedy by appeal in contempt proceedings, we have not hesitated to issue a writ to prohibit punishment for contempt whenever a proper case for the exercise of this power has been presented to us." Therefore, the special demurrer is overruled.
It was further held, in substance, that the petitioner was without adequate remedy by appeal and would suffer great and irreparable injury. In Lisanby v. Wilson, 280 Ky. 768, 134 S.W.2d 651, the writ was denied, but the jurisdiction of this court was recognized. We are not disposed now to depart from the rule announced in these cases.