Court order

“ We therefore conclude that circuit courts of appeals do have the power under § 262 of the Judicial Code to issue an order in the nature of a writ of habeas corpus commanding that a prisoner be brought to the courtroom to argue his own appeal. ”

“ When it is without jurisdiction to decide an appeal which should have been prosecuted to another court, it may vacate the judgment and remand the cause in order to enable the court below to enter a new judgment from which a proper appeal may be taken. ”

“ The order, or judgment, seems to be in strict conformity to the offence charged in the rule to show cause, namely, for contempt of court.
We do not doubt the power of the court to punish attorneys as officers of the same, for misbehavior in the practice of the profession. ”

“ Sect. 6 of the Article purports to confer jurisdiction an the "Tribunal," namely, jurisdiction to "try and to convict or acquit" all persons charged with an offence mentioned in the Appendix to the Article and brought before the "Tribunal" under the Article, and to sentence such of them as the "Tribunal" convicts of such offence. There is an express prohibition of appeal from any order, conviction, sentence or other act of the "Tribunal," and of restraint of or interference with the "Tribunal" by any "Court." ”

“ Be it enacted by the Authority aforesaid, That no Person or Persons, which shall be delivered or set at large upon any Habeas Corpus, shall at any time hereafter be again imprisoned or committed for the same Offence, by any Person or Persons whatsoever, other than by the legal Order and Process of such Court wherein he or they shall be bound by Recognizance to appear, or other Court having Jurisdiction of the Cause. ”

“ By § 266 of the Judicial Code, a suit in which application is made and pressed for an interlocutory injunction 'restraining the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission' is required to be heard by a court of three judges constituted as the section prescribes. ”

“ That section authorizes an order to be made firecting an absent defendant, in any suit brought in a circuit court of the United States, to enforce any legal or equitable lien upon, or claim to, or to remove any incumbrance or lien or could upon, the title to real or personal property within the district where such suit is brought,-such defendant not being an inhabitant of or found therein, and not voluntarily appearing in the suit,-to appear, plead, answer, or demur by a designated day. ”

“ Feb. 1, 1957-District Court entered amended order holding in abeyance determination of the questions submitted until the termination of complainants' criminal trials or until further order of court, and continuing in force the temporary restraining order. The court recited as grounds for its action that complainants may forthwith be tried in the criminal proceedings and the constitutional questions presented may thereby become moot, and that complainants may be prejudiced in the criminal proceedings by the investigation in the removal proceedings. ”

“ We indicated, however, that a different result would follow 'whenever the operation of a statutory scheme may be immediately disrupted before a final judicial determination of the validity of the trial court's order can be obtained.' Id., at 155, 83 S.Ct. ”

“ In order to give this court jurisdiction, under section 709 of the Revised Statutes, to review on writ of error a decision of the highest court of a state against a title, right, privilege, or immunity claimed under the constitution of the United States, it must, as observed by Chief Justice WAITE in Spies v. ”

“ The judgment of the Supreme Court must, therefore, be reversed, and the record be remitted, with instructions to reverse the order of the Superior Court, and direct further proceedings in accordance with this opinion. ”

“ VIII. In order to define more clearly certain branches of the criminal jurisdiction of the provisional court, it is hereby provided that it shall include and be exclusive in the following classes of cases:
"1st. All offenses punishable under the statutory laws of the United States, such as those indicated in paragraph I of this order.
"2d. Offenses committed by or against persons, foreigners or Americans, not residents of this department, but who may be traveling or temporarily sojourning therein, or against the property of nonresidents.
"3d. ”

“ It then stated that ' (W) e have examined the ordinance and find it to be unconstitutional and unenforceable.' Id., at 670.
The single District Judge then ordered that a judgment be entered, holding that the ordinance was unconstitutional. 304 F.Supp., at 671. That order is obviously the judgment which is the basis of an appeal. Later on, the clerk also entered a judgment to that effect for the three-judge court. ”

“ We have, then, a statute with valid operation. This being established, there can be no question that it conferred upon the police court, by its express terms, jurisdiction of the offense, and that court tried and convicted the petitioner.
But it is insisted that the facts do not support the conviction. ”

“ It is plain that such court has jurisdiction to render a particular judgment only when the offense charged is within the class of offenses placed by the law under its jurisdiction, and when, in taking custody of the accused, and in its modes of procedure to the determination of the question of his guilt or innocence, and in rendering judgment, the court keeps within the limitations prescribed by the law, customary or statutory. When the court goes out of these limitations, its action, to the extent of such excess, is void. ”

“ In addition, a judicial exception to the longstanding policy evidenced by the statute has been made where a person about to be prosecuted in a state court can show that he will, if the proceeding in the state court is not enjoined, suffer irreparable damages. ”

“ When a judgment for a fine is rendered by a court of record having jurisdiction in criminal cases, the court may also provide, as a part of the judgment, that the defendant be imprisoned until the fine is paid. ”

“ In the maxim, 'Ad quaestionem juris respondent judices, ad quaestionem facti respondent juratores,' the word 'quaestio' denotes an issue joined by the pleadings of the parties, or otherwise stated on the record, for decision by the appropriate tribunal. Issues of law, so joined or stated, are to be decided by the judge; issues of fact, by the jury. If the accused demurs to the indictment, an issue of law only is presented, which must be decided and judgment rendered thereon by the court, and by the court alone. ”

“ Nothing will discharge the sureties given to prosecute the appeal from the court of original jurisdiction, but the reversal of the judgment in some court having jurisdiction to correct the alleged error. ”

“ The repeal is not to affect in any manner any 'suit or prosecution.' The definition is thus given of the term suit 'the lawful demand of one's right,' or, in the words of Justinian, 'jus prosequendi in judicio quo alicui debetur.' 3 Blackstone's Commentaries, 116. If a 'suit' means the lawful demand of one's right, there necessarily must be some one to make the demand, and some one of whom the demand is made, through the medium of a court, and these parties receive the names of plaintiff and defendant. ”

“ Numerous cases, also, are cited by the counsel of the present plaintiffs, applicable to the judgments or decrees of a court exercising original jurisdiction, which assert the general rule that no man shall be condemned i his person or property without notice, and an opportunity to make his defence. And some of them go much further, and lay down the rule as applicable to the inception of the suit, that notice by publication, is insufficient to support the judgment in any jurisdiction, except in the courts of the State where it was rendered. ”

“ And I cannot admit that upon a charge thus formulated the petitioner could be summarily tried. In no well-ordered system of jurisprudence, by which justice is administered, can a person be tried for a criminal offence by a court, the judge of which is himself the accuser. ”

“ It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court; and that, where the jurisdiction of a court, and the right of a plaintiff to prosecute his suit in it, have once attached, that right cannot be arrested or taken away by proceedings in another court. ”

“ It is my deliberate opinion that these causes, in the form in which they are presented to our consideration, fall within no one of the categories, either in the constitution or the laws of the United States, by which the jurisdiction of this court or that of the circuit courts, have been conferred or prescribed. ”

“ So that the proceeding by which the fine and imprisonment imposed upon these parties for contempt in violating the injunction of the court, regularly issued in a suit to which they were parties is due process of law, and always has been due process of law, and is the process or proceeding by which courts have from time immemorial enforced the execution of their orders and decrees, and cannot be said to deprive the parties of their liberty or property without due process of law. ”

“ In the earlier judiciary acts of the United States, the general jurisdiction of the courts of the United States, as depending upon the suit being of a criminal or of a civil nature, was usually defined by the words 'any cause, civil or criminal' (Rev. St. § 637) ”

“ Where the verdict and judgment are set aside on a writ of error in an appellate tribunal, if the law of the jurisdiction makes no provision for a second trial the prisoner must be discharged, but it is settled law that it is competent for the legislature to provide that on reversing the judgment in such a case the court, if the prior proceedings are regular, shall remand the case for the proper sentence. ”

“ Whether these facts give such color of right to the contention that we have jurisdiction to review the action of the trial court by the writ of mandamus as to lead us to be of opinion that further argument at bar is necessary, and therefore a rule to show cause should issue, is then the question for decision. ”

“ The court-martial having jurisdiction of the person accused and of the offense charged, and having acted within the scope of its lawful powers, its decision and e ntence cannot be reviewed or set aside by the civil courts, by writ of habeas corpus or otherwise. ”

“ Appellate courts have always reserved the authority to notice such commonly known propositions as are needed to support the judgment of a lower court, even if no express reference has been made below. ”

“ Although we have jurisdiction, so far as the value of the matter in dispute is concerned, the question is not properly before us as to whether the court erred in its charge to the jury upon the counter-claim. ”

“ Whether or not the Court of Claims has jurisdiction in a case such as the present, is a question which we do not propose now to determine, for we are of opinion that if that court had jurisdiction, it erred in giving judgment for the plaintiff. ”

“ The bill concludes with a prayer, 'that the defendant may, upon her corporal oath, true and perfact answers make to the several allegations of the bill and the matters therein charged, as if the same were again repeated, and she were interrogated thereto; that the complainants might have an injunction from the court, restraining the defendant from proceeding further upon the judgment, and from executing the same in any manner ”

“ In view of the fact that the question in the case was regarded below, both by the courts and by counsel, as one of 'general' or 'federal' law, the interest of justice requires that the judgment be vacated and the cause remanded for the enforcement of the applicable principles of state law. ”

“ If a resort to a judicial proceeding to collect it is deemed expedient, there remains to the court all the ordinary means of enforcing its judgment-executions, sequestration, and any other appropriate remedy in chancery. ”

“ Petitioners' allegations are serious, and, as reflected by the divergent bases for decision in the two courts below, the case poses important problems concerning the proper administration of the power of a civil court to review the judgment of a court-martial in a habeas corpus proceeding. ”