Legal Opinion

Ballmann v. Fagin

Supreme Court of the United States

Decided January 2, 1906No. 240, 308PublishedCited by 67 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The facts are stated in the opinion.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The facts are stated in the opinion. The appeal was properly taken to this court under § 5, act of March 3, 1891. The question whether the witness was required to answer the questions propounded to him by the grand jury involves the construction and application of the Fifth Amendment of the Constitution of the United States, and the claim was made in his petition for the writ of habeas corpus that his commitment in that…

1Opinion of the CourtJustice Holmes

One of these cases is a writ of error issued by this court to the United States District Court upon a judgment committing the plaintiff in error for contempt, the other an appeal from the Circuit Court for the same district upon a judgment denying the writ of habeas corpus, which was applied for on the' ground that the same commitment was void.

The case so far as material to our decision, is as follows: On April 7, 1905, Ballman was served with a subpcena to appear before the grand jury and to bring with him " cash book, ledger, letter press copy book, and all sheets showing transactions under…

2Cases cited5 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Counselman v. HitchcockSupreme Court of the United States · 1892
  3. In Re Watts and SachsSupreme Court of the United States · 1903
  4. Jack v. KansasSupreme Court of the United States · 1905
  5. The United States v. The Saline Bank of Virginia, John Webster, and OthersSupreme Court of the United States · 1828

3Cited by67 opinions

  1. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  2. United States v. MurdockSupreme Court of the United States · 1934
  3. Wilson v. United StatesSupreme Court of the United States · 1911
  4. Wilson v. United StatesSupreme Court of the United States · 1910
  5. United States Ex Rel. Vajtauer v. Commissioner of ImmigrationSupreme Court of the United States · 1927

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