
    
      In the matter of the Petition of John W. and N. R. Simmons for a writ of Habeas Corpus.
    
    
      Appeal — Suspension of Judgment. City of Miltonvale v. Lanoue, 35 Kas. 603, followed.
    
      Original Proceedings in Habeas Corpus.
    
    At the February term, 1888, of the district court of Lincoln county, the petitioners, John W. and N. R. Simmons, were convicted for contempt in disobeying a subpena to attend as witnesses in said court. The opinion herein was filed at the session of the court in April, 1888.
    
      David Ritchie, and W. W. Smith, for petitioners.
    
      Ed. F. Coad, county attorney, and Irwin Taylor, for The State.
   Per Curiam:

The defendants will be discharged, upon the authority of City of Miltonvale v. Lanoue, 35 Kas. 606. In that case it was said, among other things:

“Pending the appeal in the supreme court, [in a case for a fine and costs and imprisonment therefor, until paid,] we think the entire judgment is suspended — that with regard to the imprisonment, as well as that with regard to the payment of a fine or costs.”  