Wise v. Henkel

Citations

• 220 U.S. 556
• 31 S. Ct. 599
• 55 L. Ed. 581
• 1911 U.S. LEXIS 1700

Syllabus

<p>Whore the court below had authority to make an order directing the performance of an act, irrespective of a constitutional question raised, the denial of a writ of habeas corpus on behalf of one committed for contempt for refusing to obey such order does not necessarily involve the construction or application of the Constitution and a direct appeal from the judgment denying the writ docs not lie to this court under § 5 of the Judiciary Act of 1891. .</p> <p>The writ of habeas corpus cannot be made to perform the functions of a writ of error.</p>