Contempt of court; appeal; stay of judgment

20-1205. Contempt of court; appeal; stay of judgment. The testimony taken on the trial of any accusation of contempt shall be preserved. An appeal may be taken from any judgment of conviction therefor in the same manner as is provided by law in civil cases. Upon the filing and service of a notice of appeal, execution of the judgment shall be stayed upon the giving of such bond as may be required by the court or a judge thereof, or by any justice or judge of an appellate court. History: L. 1897, ch. 106, § 5; R.S. 1923, 20-1205; L. 1979, ch. 83, § 1; July 1. CASE ANNOTATIONS 1. Stay of proceedings permits attorney to practice until appeal decided. Bird v. Gilbert, 40 Kan. 469, 19 P. 924. 2. Supreme court has inherent power to punish for contempt. The State v. Ross, 74 Kan. 260, 85 P. 803. 3. District judge presumed to act within jurisdiction. The State v. Walker, 78 Kan. 680, 97 P. 862. 4. Cited in affirming suspension for contempt. In re Hanson, 134 Kan. 165, 169, 5 P.2d 1088. 5. Contempt proceeding for violation of liquor nuisance injunction is criminal proceeding. State, ex rel., v. Miller, 147 Kan. 242, 244, 75 P.2d 239. 6. Section cited in upholding judgment and sentence for indirect contempt. State v. Martin, 155 Kan. 801, 806, 130 P.2d 601. 7. Testimony not preserved; application for writ of habeas corpus proper. In re Gambrell, 160 Kan. 620, 623, 164 P.2d 122. Rehearing denied: 161 Kan. 4, 165 P.2d 760. 8. Record of trial courts proceedings sufficient to uphold contempt citations. In re Ferris, 175 Kan. 704, 715, 267 P.2d 190. Reversed: Courtney v. Schroeder, 348 U.S. 933, 75 S. Ct. 355, 99 L. Ed. 732. 9. Discussed; appeal lies from finding of not guilty in civil contempt proceeding. Hendrix v. Consolidated Van Lines, Inc., 176 Kan. 101, 111, 269 P.2d 435. 10. Contempt of child custody order held indirect civil contempt; sentence erroneous. Goetz v. Goetz, 181 Kan. 128, 130, 132, 309 P.2d 655. 11. Divorce; contempt proceeding; denial of motion to quash service not appealable. Cheney v. Cheney, 186 Kan. 743, 744, 352 P.2d 959. 12. Indirect contempt not reviewable as specification of error in criminal action. State v. Eldridge, 197 Kan. 694, 703, 421 P.2d 170. 13. Cited in reversing conviction of county attorney for criminal contempt. In re Sanborn, 208 Kan. 4, 14, 490 P.2d 598. 14. Violation of assurance of discontinuance filed and approved by court pursuant to K.S.A. 50-610 not punishable for contempt. State v. McPherson, 208 Kan. 511, 518, 493 P.2d 228. 15. Cited in affirming direct contempt conviction. State v. Pondexter, 225 Kan. 425, 429, 590 P.2d 1074. 16. Order of indirect contempt void where court conducts trial on accusation without preserving testimony. Johnson v. Johnson, 11 Kan. App. 2d 317, 320, 721 P.2d 290 (1986). 17. Cited; contempt of court for disposing of subject matter of lawsuit while litigation pending examined. Edmiston v. First Nat'l Bank of Holcomb, 242 Kan. 13, 19, 744 P.2d 829 (1987). 18. Cited; whether discretion abused by allowing depositions of third parties in a debt execution proceeding examined. City of Arkansas City v. Anderson, 19 Kan. App. 2d 344, 345, 869 P.2d 244 (1994). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026