A party in contempt may give a notice of motion, although he cannot move until the contempt of court is cleared. With referance to clearing contempt the answer must be taken be sufficient until exceptions are actually allowed.
Moving upon the answer is a waiver of the contempt
Citations:
[1846] EngR 1090 (A), (1846) 1 Coop T Cott 247
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Chuck v Cremer 24-Jul-1846
The plaintiff’s solicitor obtained an attachment against the defendant in default of a pleaded defence, disregarding a court order extending the period for filing the defence, which he considered to be a nullity. The order in question had been . .
Cited by:
See Also – Chuck v Cremer ([1846] EngR 1155) 1-Dec-1846
A party, who knows of a null or irregular order, should apply to discharge it. Whilst such an order is in existence it must not be disobeyed. . .
See Also – Chuck v Cremer ([1846] EngR 1154) 1-Dec-1846
An order of the court of which the party affected by it has notice, though not formally served upon him is not to be disregarded or treated by him as a nullity, however certain it may be that the order is erroneous, and would, upon a proper . .
See Also – Chuck v Cremer 9-Feb-1848
Where an action is referred by an order at nisi prius this Court has no jurisdiction to interfere with the certificate of the referee or the judgment entered to pursuant thereto, on any ground on which it would not have such jurisdiction if the . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 11 May 2022; Ref: scu.302985