In Re Higgins

FRAMPTON, J. pro tem. *

Petitioner seeks his release on habeas corpus on the ground that respondent court acted in excess of its jurisdiction in finding him guilty of contempt of court and imposing a judgment of fine and imprisonment based thereon.

Petitioner was a defendant in a civil action brought in respondent court, in which Marblehead Land Company (the real party in interest) was plaintiff. The action was brought to quiet title, for injunctive relief and for damages arising out of the alleged violation of deed restrictions by the defendant (petitioner). Judgment was rendered in favor of…