Legal Opinion

Cartwright's Case

Massachusetts Supreme Judicial Court

Decided November 15, 1873PublishedCited by 85 opinions

Contempt. An application under Gen. Sts. c. 58, § 6, had been made to this court by the insurance commissioner against the Hide and Leather Insurance Company, representing that upon an examination had by him, he was of opinion that it was insolvent, and praying that an injunction might issue restraining it from proceeding with its business, and asking for the appointment of receivers.

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Contempt. An application under Gen. Sts. c. 58, § 6, had been made to this court by the insurance commissioner against the Hide and Leather Insurance Company, representing that upon an examination had by him, he was of opinion that it was insolvent, and praying that an injunction might issue restraining it from proceeding with its business, and asking for the appointment of receivers. The injunction had issued, and December 2, 1871, Chester I. Reed, John W. Cartwright and Oliver H. Cole had been appointed receivers by a decree, a copy of which is in the margin.* Afterwards, Chester I. Reed…

1Opinion of the CourtGray, C. J.

The summary power to commit and punish for contempts tending to obstruct or degrade the administration of justice is inherent in Courts of Chancery and other Superior Courts, as essential to the execution of their powers and to the maintenance of their authority, and is part of the law of the land, within the meaning of Magna Charta and of the twelfth article of our Declaration of Rights. 4 Bl. Com. 284-288. Acta Canc. 209, 264, 321, 373, 642, 753, 755. The King v. Almon, Wilmot, 243, 254. Clarke’s Praxis, tit. 62. Mass. Col. Laws, (ed. 1672,) 36; Anc. Chart. 90. Thwing v. Dennie, Quincy,…

2Cases cited14 opinions

  1. The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
  2. Davis v. GraySupreme Court of the United States · 1873
  3. Ex Parte KearneySupreme Court of the United States · 1822
  4. Yates v. LansingNew York Supreme Court · 1810
  5. Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811

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3Cited by85 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Ex Parte TerrySupreme Court of the United States · 1888
  3. Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
  4. In re NevittCourt of Appeals for the Eighth Circuit · 1902
  5. Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890

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