In re Nevitt

Citations

• 117 F. 448
• 54 C.C.A. 622
• 1902 U.S. App. LEXIS 4454

Syllabus

<p>1. Habeas Corpus—Function—Challenge to Jurisdiction—Review of Erroneous Rulings.</p> <p>The writ of habeas corpus challenges only the jurisdiction or power of the court to commit the prisoner, and it may not be invoked to review or avoid the erroneous rulings or judgment of a court of competent jurisdiction.</p> <p>2. Compromises Favored by the Law.</p> <p>It is the policy of the law to promote and sustain the compromise of disputed claims, and the fact that a judge advises the compromise of litigation pending before him does not disqualify him' from deciding the questions it presents.</p> <p>.8. Contempts—Power to Punish—Federal Courts—Inherent Character.</p> <p>The power to punish for contempt and disobedience of their judgments, orders, writs, and processes is an attribute of the federal courts, as inherent and indispensable as judges. It was vested in them, the moment they came into existence, by the grant to them of all the judicial power of the nation by section 1, art. 3, of the constitution.</p> <p>4. Contempts—Classes.</p> <p>Proceedings for contempts are of two classes,—criminal or punitive, and civil, remedial, or coercive. The former are conducted to preserve the power and vindicate the dignity of the courts and to punish for disobedience of their orders. The latter are instituted to protect, preserve, and enforce the rights of private parties, and to compel obedience of the orders, judgments, and decrees of the courts made to enforce the rights and remedies to which the courts have decided that such parties are lawfully entitled.</p> <p>■5. Civil Contempt—Refusal to Levy Tax to Pay Judgment.</p> <p>The commitment of the judges of a county court to prison until they comply with a mandamus which directs them to levy a tax to pay a judgment against their county is not criminal, but is civil, remedial, and coercive in its nature, because it is of the character of an execution to collect the judgment, enforce the rights, and administer the remedies of the