Legal Opinion

Ex parte Davis

United States Circuit Court for the Northern District of Florida

Decided December 6, 1901PublishedCited by 13 opinions

In Chambers. Proceedings on writ of habeas corpus. The petition setting forth the commitment and detention of the relator charges that his detention is illegal on the following grounds: .. (1) That the commitment under which your petitioner is held is illegal and wold. (2) That the court was without jurisdiction or power to sentence your petitioner in the premises. (3) That the motion upon which the proceedings were had was not sworn to or verified.

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In Chambers. Proceedings on writ of habeas corpus. The petition setting forth the commitment and detention of the relator charges that his detention is illegal on the following grounds: .. (1) That the commitment under which your petitioner is held is illegal and wold. (2) That the court was without jurisdiction or power to sentence your petitioner in the premises. (3) That the motion upon which the proceedings were had was not sworn to or verified. (4) That the said motion does not charge petitioner with contempt either directly or by implication. (5) Be- ■ Cause by the said motion it…

1Opinion of the Court

PARDEE, Circuit Judge.

(after slating the facts). Section 725 of the Revised Statutes of the United States re.ads as follows;

*142“The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the discretion of the court, contempts for their authority: provided, that such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official"…

2Cases cited6 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte ParksSupreme Court of the United States · 1876
  3. United States v. PridgeonSupreme Court of the United States · 1894
  4. In Re HohorstSupreme Court of the United States · 1893
  5. In Re SwanSupreme Court of the United States · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McNally v. HillSupreme Court of the United States · 1934
  2. Landreth v. GladdenOregon Supreme Court · 1958
  3. Ex parte FosterOregon Supreme Court · 1914
  4. People Ex Rel. Carlstrom v. EllerIllinois Supreme Court · 1926
  5. In the Matter of Wm. Bryan Osborne, ContemnorCourt of Appeals for the Ninth Circuit · 1965

8 more not listed; retrieve them via the Exa API.

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