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· 4/14/1919

Ex Parte Hudgings

Citations

  • 249 U.S. 378
  • 39 S. Ct. 337
  • 63 L. Ed. 656
  • 1919 U.S. LEXIS 2091
  • 11 A.L.R. 333

Syllabus

<p>The basis of the power of the federal courts to punish summarily for contempt committed in their presence is to secure them from obstruction in the performance of their judicial duties; and'to justify exertion of this power, the element of- obstruction must clearly appear. P. 3S3.</p> <p>Because perjury is punishable as a criminal pífense is rio reason why it may not also afford basis for punishment as a contempt. P. 382.</p> <p>Perjury in fade curice is not of itself punishable as contempt apart from its obstructive tendency. P. 383. ..</p> <p>Hence, a District Court has no power to adjudge a witness guilty of contempt solely because in the court’s opinion he is wilfully refusing to testify truthfully, and to .confine him until he shall purge himself by giving testimony which the court deems truthful. P. 384. -</p> <p>In such a case, held that the original jurisdiction of this court in habeas corpus was properly invoked. Id.</p>

How courts have described this case

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

  • the contempt power exists “within the limits of and [is] sanctioned by the Constitution.... ”
  • Tr. defendant’s original brief, page 5.

Source: CourtListener parenthetical corpus (CC0).

Judges: White, Pitney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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