Legal Opinion

Pepke v. Cronan

Supreme Court of the United States

Decided October 29, 1894No. 641PublishedCited by 25 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. Certain citizens of Minnesota were the owners, of a lot and building in Walsh County, North Dakota, which they had leased and which were occupied under their lessee.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. Certain citizens of Minnesota were the owners, of a lot and building in Walsh County, North Dakota, which they had leased and which were occupied under their lessee. Against the occupant and one of the owners a proceeding was instituted in the District Court of Walsh County, in the name of the State upon the relation of its attorney general, under an act of North Dakota in that behalf, entitled “ An act to prescribe penalties for the unlawful manufacture, sale, and keeping for sale intoxicating liquors, and…

1Opinion of the Court

The Chief Justice:

It was insisted upon the argument that the judgment in contempt was not appealable; State v. Davis, 2 North Dakota, 461; but it was conceded that the validity of the law and of thp sentence could be tested by the Supreme Court of the State on certiorari or habeas corpus, and no reason was suggested why, if the judgment of the District Court was the final judgment of the highest court of the State in which a decision in the matter could be had, a writ of error from this court might not be applied for.

Without considering the merits of the questions discussed, the judgment must…

2Cases cited3 opinions

  1. Cook v. HartSupreme Court of the United States · 1892
  2. In Re WoodSupreme Court of the United States · 1891
  3. Ex Parte FondaSupreme Court of the United States · 1886

3Cited by25 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Darr v. BurfordSupreme Court of the United States · 1950
  3. Whitten v. TomlinsonSupreme Court of the United States · 1895
  4. Tinsley v. AndersonSupreme Court of the United States · 1898
  5. Urquhart v. BrownSupreme Court of the United States · 1907

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