Legal Opinion

Ex Parte FISK

Supreme Court of the United States

Decided March 2, 1885PublishedCited by 248 opinions

ORIGINAL. This was an application on the part of Clinton B. Fisk for a writ of habeas corpus, to be directed to the marshal of the Southern District of New York, in whose custody the petitioner was held under an order of the Circuit Court for that district.

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ORIGINAL. This was an application on the part of Clinton B. Fisk for a writ of habeas corpus, to be directed to the marshal of the Southern District of New York, in whose custody the petitioner was held under an order of the Circuit Court for that district. The history of the case which resulted in this order, so far as it is necessary to the decision of the matter, may be briefly stated as follows: Francis B. Fogg brought suit in the Supreme Court of the' State of New York against Fisk to recover the sum of $63,250, on the allegation of false and fraudulent representations made by Fisk in…

1Opinion of the CourtJustice Miller

He stated the facts as above recited, and continued :

The jurisdiction of this court is always challenged in cases of this general character, and often successfully. There can be no doubt of the proposition, that the exercise of the power of punishment for contempt of their orders, by courts of general jurisdiction, is not subject to review by writ of error, or appeal to this- court.' Nor is there, in the system of- federal jurisprudence, any relief against such orders, when the court has authority to make them, except through the court making the order, or possibly by the exercise of the…

2Cases cited8 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte RowlandSupreme Court of the United States · 1882
  3. Duncan v. GeganSupreme Court of the United States · 1880
  4. Ex Parte BoydSupreme Court of the United States · 1882
  5. Potter v. National BankSupreme Court of the United States · 1880

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3Cited by248 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
  4. Tot v. United StatesSupreme Court of the United States · 1943
  5. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893

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