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U.S. Supreme Court

Farmers & Mechanics Nat'l Bank v. Wilkinson, 266 U.S. 503 (1925)

Farmers & Mechanics National Bank

of Fort Worth, Texas v. Wilkinson

No. 487

Motion to dismiss submitted October 6, 1924

Decided January 5, 1925

266 U.S. 503


1. When a decree of the district court has been affirmed by a decree of the circuit court of appeals which this Court has chanroblesvirtualawlibrary

Page 266 U. S. 504

declined to review by certiorari, questions concerning its validity and merits cannot be reopened either by the district court or through an attempted review in this Court, by direct appeal or writ of error, of the order enforcing the mandate. P. 506.

2. An order of the district court inflicting punishment for contempt is not ordinarily reviewable in this Court by direct appeal or writ of error. Id.

3. Of writ of error and appeal, the former is the appropriate mode of review in criminal contempts, but c. 448, § 4, 39 Stat. 727, renders the distinction unimportant. P. 266 U. S. 507.

4. An order of the district court punishing a party for contempt in disobeying an order made to enforce a mandate from the circuit court of appeal cannot be reviewed here by direct writ of error upon the ground that it exceeded the district court's jurisdiction and infringed constitutional rights where these questions were foreclosed by the decree of the circuit court of appeals upon which the mandate issued. Id.

Appeal dismissed.

[sic] from an order of the district court commanding the appellant to make a payment, as ordered by a referee in bankruptcy, and fining the appellant for contumacy in having refused to do so. The referee's order was made in pursuance of a mandate from the circuit court of appeals. See 295 F.1d 0.

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