Page:North Dakota Reports (vol. 2).pdf/490

 is clear that, while the proceeding is in name and form a contempt proceeding, it is not instituted for the sole purpose of vindicating the authority of the court, but as a remedy to the suitor, who has a right to insist on obedience to the mandate of the court, and therefore ought to be allowed to demand, as a matter of right, that, in a proper case, the court give him the benefit of its order or decree in his favor by so exercising its power to punish for contempt, in case of a disobedience thereof, as to indemnify him against injury by reason of such disobedience. The primary object of such a proceeding is indemnity to the litigant. Incidentally the court’s authority is vindicated. The court, under the command of the statute, lends its contempt power to the suitor, who has been denied the fruits of an order or decree by the refusal of his opponent to obey it. Such a proceeding is therefore a remedy, and, not falling within the definition of an action, either civil or criminal, it is of necessity a special proceeding. “Every other remedy is a special proceeding.” § 4812,Comp. Laws. It is necessary that the contempt proceeding should be remedial in its character to be a special proceeding. It is every other “remedy” that is a special proceeding. In New York the decisions stand upon a statute which expressly gives the injured party the legal right to institute and control contempt proceedings, to the end that the court may therein impose, as a punishment for the contempt, such damages as the injured party has sustained by reason of such contempt. This is apparent from the authorities. The leading case in that state on this point is Sudlow v. Knox, 7 Abb. Pr. (N. 8.) 411. Speaking of the nature of the contempt proceedings the order in which was held appealable, the court said: ‘These were instituted and conducted under the provisions of the statute entitled ‘Of proceedings as for contempt to enforce civil remedies and to protect the rights of parties in civil actions.’” The court say further: “Section 21 provides that, in case the fine imposed for indemnity of the party injured shall be paid to and accepted by him, it shall constitute a bar,” etc. It is apparent that the contempt proceedings thus held to be special proceedings were, by force of a statute, remedial in theircharacter. The act cited in the opinion