Ex parte Wimberly
Mississippi Supreme Court
Appeal from the decision of Hon. J. W. C. WatsON, Judge of the Second District of Mississippi, on habeas corpus, dismissing the petition, and remanding the relator to custody. each made an oral argument. argued the case orally and filed a brief. 1. We cannot separate the attachment proceedings from the order disobeyed, and make them the substantive ground of jurisdiction.
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Appeal from the decision of Hon. J. W. C. WatsON, Judge of the Second District of Mississippi, on habeas corpus, dismissing the petition, and remanding the relator to custody. each made an oral argument. argued the case orally and filed a brief. 1. We cannot separate the attachment proceedings from the order disobeyed, and make them the substantive ground of jurisdiction. The power |o punish a party for violating an injunction is essentially and primarily the power to enforce obedience to it. If the court had no jurisdiction to make the order, any steps to enforce it are illegal. A void order…
1Opinion of the CourtChalmers, J.
The relator.who has, by the Hon. A. B. Fly, Chancellor of the Second Judicial District, been committed to six months’ imprisonment and sentenced to pay a fine of one thousand dollars for a contempt of court in violating an injunction issued to and served upon him, brings this writ of habeas corpus for the purpose of regaining his liberty. That he violated the injunction is not denied: the claim is that it was a nullity because the Chancery Court had no jurisdiction of the subject-matter sought to be enjoined; The relator had been a candidate at the late general election in this State for the…
2Cases cited2 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Dickey v. ReedIllinois Supreme Court · 1875
3Cited by26 opinions
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- McHenry v. StateMississippi Supreme Court · 1907
- Gibbs v. McIntoshMississippi Supreme Court · 1900
- State ex rel. Flower v. Circuit Court for Green Lake CountyWisconsin Supreme Court · 1898
- Barnes v. McLeodMississippi Supreme Court · 1932
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