Legal Opinion

In re Doyle

Supreme Court of Colorado

Decided January 15, 1899No. 4005PublishedCited by 2 opinions

Original Application. Fob disobedience of a writ of injunction issued out of the district court of El Paso county, petitioner was adjudged guilty of contempt, and an order entered, directing that unless within a specified time he purge himself of such contempt by doing certain acts, that he be committed to jail, until he did. From this judgment he sued out a writ of error to the court of appeals, and applied for a supersedeas, which was denied.

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Original Application. Fob disobedience of a writ of injunction issued out of the district court of El Paso county, petitioner was adjudged guilty of contempt, and an order entered, directing that unless within a specified time he purge himself of such contempt by doing certain acts, that he be committed to jail, until he did. From this judgment he sued out a writ of error to the court of appeals, and applied for a supersedeas, which was denied. After this denial, further proceedings were had in the case, in the district court under which commitment issued, and petitioner was placed in jail,…

1Opinion of the CourtJustice Gabbebt

By the writ of error sued out from the court of appeals, and his proceedings by habeas corpus in this, petitioner is prosecuting two actions at the same time, each embracing the same subject-matter, and each for the same purpose. A party restrained of his liberty may have the proceedings resulting in his imprisonment reviewed by any court vested *54with authority so to do, under any form of proceeding by which the jurisdiction of such court will attach, having in mind the difference in the questions which may be raised under the various forms of procedure, from which he may elect; but he cannot…

2Cases cited6 opinions

  1. Taylor v. City of Fort WayneIndiana Supreme Court · 1874
  2. Ex parte RobinsonU.S. Circuit Court for the District of Southern Ohio · 1855
  3. Gowings v. LoydTexas Supreme Court · 1849
  4. Ex parte BoothWisconsin Supreme Court · 1854
  5. Maxwell v. MartinWest Virginia Supreme Court · 1891

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

3Cited by2 opinions

  1. France v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
  2. People ex rel. Adams v. District CourtSupreme Court of Colorado · 1901

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