In re Judson
U.S. Circuit Court for the District of Southern New York
.This was a motion for an attachment to compel one William Judson to answer a question put to him on his examination before a commissioner of this court, as a witness de. bene esse under the provisions of the 30th section of the act of congress of September 24, 1789 (1 Stat. 88, 89), in a suit pending in the circuit court of the United States for the district of Massachusetts. [The witness had previously been brought in by an attachment.
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.This was a motion for an attachment to compel one William Judson to answer a question put to him on his examination before a commissioner of this court, as a witness de. bene esse under the provisions of the 30th section of the act of congress of September 24, 1789 (1 Stat. 88, 89), in a suit pending in the circuit court of the United States for the district of Massachusetts. [The witness had previously been brought in by an attachment. Case No. 7,561.] In the course of his examination, the following question was propounded to the witness: “Did you pay Chaffee any money for said assignment”…
1Opinion of the Court
BETTS, District Judge.
It is a cardinal principle, in relation to the summary and imperative proceeding by attachment, that that writ will not be granted unless a case of clear contempt be -established. When the contempt is not committed in facie curiae, it must be proved by affidavits from persons who witnessed it. 7 Dane, Abr. pp. 307, 308, c. 220, art. 4. The evidence accompanying the papers on this motion proves no other fact than the refusal of the witness to answer the question propounded. There is nothing tending to show the connection of the inquiiy with the subject matter of the…
2Cited by11 opinions
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- In re WoodMichigan Supreme Court · 1890
- Dowagiac Mfg. Co. v. LochrenCourt of Appeals for the Eighth Circuit · 1906
- United States v. AnonymousUnited States Circuit Court · 1884
- Ex Parte LandryCourt of Criminal Appeals of Texas · 1912
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