Skip to main content
· 12/4/1953

Crystal

Citations

  • 116 N.E.2d 255
  • 330 Mass. 583
  • 1953 Mass. LEXIS 521

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that writ of habeas corpus was available even though petitioner \could have appealed from the contempt decree\ because of \exception\ to general rule that habeas is not substitute for \ordinary appellate procedure\ where order is void, and not merely voidable [emphasis added]
  • finding of contempt vacated where based on failure to make payment ordered only moments earlier
  • “Notwithstanding the generality of the language of the [habeas corpus] statute, it is settled that habeas corpus cannot be employed as a substitute for ordinary appellate procedure and so in general is not available where there is a remedy by writ of error or appeal”
  • statement of intent to disobey order does not constitute actual disobedience of such order for purposes of contempt proceeding
  • Probate and Family Court had no jurisdiction to jail petitioner for civil contempt for failing to hand over inore than $100,000 in cash and bonds when decree to transfer this property was issued moments earlier
  • unless the court or magistrate by whose purported authority the imprisonment was imposed had no jurisdiction to impose it, resort generally cannot be had to habeas corpus where appellate remedies .are open

Source: CourtListener parenthetical corpus (CC0).

Judges: Qua, Lummus, Honan, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.