United States Reports (Volume 190); Cases Adjudged in the Supreme Court at and Rules Announced at (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Opinion of the Court 190 U. S. Mr. Justice Haklan, concurring. I concur in that part of the opinion of the court which shows that there was no evidence whatever upon which to base a judgment for contempt against Watts and Sachs, or either of them. That view of the evidence is sufficient to dispose of the case without reference to any other question arising on the record. My concurrence in the judgment discharging the petitioners is solely on the ground just stated. O'NEAL v. UNITED STATES. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. No. 5M. Submitted May 4,1803.?Decided June 1,1903. This was a proceeding in contempt and the contention was that on the facts no case of contempt was made out. field: (1) That the contention was addressed to the merits of the case, and not to the jurisdiction of the court, and therefore that the case did not come within the class of cases .specified in section5 of the judiciary act of March 3, 1891, in which the jurisdiction of the court is in issue. (2) And that as the judgment was in effect a judgment in a criminal case, this court had no jurisdiction to revise it on error. The case is stated in the opinion of the court. Mr. W. A. Blount for plaintiff in error. Mr. B. C. Tunison for defendant in error. Mr. Chief Justice Fuller delivered the opinion of the court. This was a proceeding in the District Court of the United States for the Southern District of Florida, commenced by the 190 U. 8. Opinion of the Court filing of an affidavit of Greenhut, a trustee in bankruptcy, charging W. C. O'Neal with contempt of court in committing an assault upon him. A rule to show cause was" entered and served on O'Neal, to which he filed a demurrer, assigning as grounds ...