Legal Opinion

In re May

District Court, E.D. Michigan

Decided July 1, 1880PublishedCited by 6 opinions

Motion for an attachment for contempt of court. Despondent was duly empanelled as a juror in the case of The United States v. Sigmund and Feist Rothschild, indicted with Marcus Burnstine and others for conspiracy to defraud the government.

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Motion for an attachment for contempt of court. Despondent was duly empanelled as a juror in the case of The United States v. Sigmund and Feist Rothschild, indicted with Marcus Burnstine and others for conspiracy to defraud the government. A petition and affidavits having been produced tending to show that respondent had been guilty of misconduct in his capacity of juror, an order was issued to show cause why he should not be attached for contempt. .Upon the trial of the principal case the jury were cautioned not to talk with any person, nor allow any person to talk with them, and upon a…

1Opinion of the CourtBrown, J.

By Rev. St. § 725, the power’ of the federal courts to punish for contempts is limited to three .classes of cases: First, a misbehavior of any person in the presence of the court, or so near thereto as. to obstruct the administration of justice; second, misbehavior of any officer of the court in his official transaction's; and, third, disobedience or resistance of any officer, party, juror, witness or other person, to any lawful writ, process, order, rule, decree or command of the courts. Ex parte Robinson, 19 Wall. 505, 511.

It is not necessary here to discuss the question whether, in the…

2Cases cited5 opinions

  1. Ex Parte RobinsonSupreme Court of the United States · 1874
  2. In the Matter of B. F. Moore, and OthersSupreme Court of North Carolina · 1869
  3. People ex rel. Lewis v. FewNew York Supreme Court · 1807
  4. In re PitmanU.S. Circuit Court for the District of Rhode Island · 1852
  5. United States v. DodgeU.S. Circuit Court for the District of Massachusetts · 1814

3Cited by6 opinions

  1. Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1899
  2. United States v. Toledo Newspaper Co.District Court, N.D. Ohio · 1915
  3. Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
  4. Kirk v. United States ex rel. ToddCourt of Appeals for the Ninth Circuit · 1911
  5. Redman v. United StatesCourt of Appeals for the Ninth Circuit · 1935

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