In re Steiner
District Court, S.D. New York
Contempt proceedings against William Steiner and others. On motion to dismiss. This cause .comes here upon a hearing on return of an attachment against William Steiner, Herbert L. Miles, Joseph R. Miles, Charles Y. Henkle, and Leon Wagner.
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Contempt proceedings against William Steiner and others. On motion to dismiss. This cause .comes here upon a hearing on return of an attachment against William Steiner, Herbert L. Miles, Joseph R. Miles, Charles Y. Henkle, and Leon Wagner. The acts charged to have been committed, and which it is contended constituted a contempt, are: (1) That each and all of the five persons above named swore to affidavits which contained statements material to issues before the court which were false and known to them to be false when they swore to them. (2) That four of these five persons, being defendants,…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). Motion is made to dismiss the proceedings upon several grounds:
[1] 1. That the alleged contempt was committed, if at all, in the Circuit Court, and these proceedings' were begun in that court prior to December 31, 1911. It is contended that punishment therefor cannot be imposed by the District Court. Reliance is had upon authorities, such as Ex parte Bradley, 74 U. S. 364, 19 L. Ed. 214, which hold that only the court whose authority is contemned has the right to punish for the offense.
When the judiciary act of March 3, 1911, abolished the Circuit Courts,…
2Cases cited5 opinions
- SavinSupreme Court of the United States · 1889
- Ex Parte BradleySupreme Court of the United States · 1869
- Kirk v. United StatesSupreme Court of the United States · 1896
- Underwood Typewriter Co. v. Elliott-Fisher Co.U.S. Circuit Court for the District of Southern New York · 1907
- Chicago Directory Co. v. United States Directory Co.District Court, S.D. New York · 1903
3Cited by9 opinions
- Loubriel v. United StatesCourt of Appeals for the Second Circuit · 1926
- United States v. Toledo Newspaper Co.District Court, N.D. Ohio · 1915
- United States v. HuffDistrict Court, S.D. Georgia · 1913
- United States v. DachisDistrict Court, S.D. New York · 1929
- Cutting v. Van FleetCourt of Appeals for the Ninth Circuit · 1918
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