Pepke v. Cronan
Pepke v. Cronan
Opinion
It was insisted upon the argument that the judgment in contempt was not appealable; State v. Davis, 2 North Dakota, 461; but it was conceded that the validity of the law and of thp sentence could be tested by the Supreme Court of the State on certiorari or habeas corpus, and no reason was suggested why, if the judgment of the District Court was the final judgment of the highest court of the State in which a decision in the matter could be had, a writ of error from this court might not be applied for.
Without considering the merits of the questions discussed, the judgment must be affirmed upon the authority of Ex parte Fonda, 117 U. S. 516; In re Wood, 140 U. S. 278; Cook v. Hart, 146 U. S. 183; New York v. Eno, ante, 89, and cases cited.
Judgment affirmed.
Reference
- Cited By
- 25 cases
- Status
- Published
- Syllabus
- P., being adjudged guilty of contempt by a state court, and sentenced to fine and imprisonment therefor, applied to the District Court of the United States for a writ of habeas corpus upon the ground that the statute of the State under which the proceedings took place of which his conviction and punishment for contempt formed a part were in contravention of the Constitutions of the United States and of the State. The District Judge discharged the writ and remanded the petition. It was conceded that the validity of the proceedings in the state court could have been tested by the Supreme Court of the State on certiorari or habeas corpus, and no reason appeared why a writ of error could not have been applied for from this court to the state court. Held, that, without considering the merits of- the question discussed, the judgment of the court below should be affirmed.