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CUDDY, PETITIONER, 131 U. S. 280 (1889)

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U.S. Supreme Court

Cuddy, Petitioner, 131 U.S. 280 (1889)

Cuddy, Petitioner

No. 1552

Argued April 25, 1889

Decided May 13, 1889

131 U.S. 280

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

When a judgment of a circuit or district court of the United States is attacked collaterally, every intendment will be made in support of jurisdiction unless the want of it, either as to subject matter or as to parties, appears in some proper form, and this general rule applies to judgments punishing for contempt.

A petitioner for a writ of habeas corpus to obtain his discharge from imprisonment under the judgment and sentence of a district or circuit court of the United States for contempt is at liberty to allege and to prove facts not contradicting the record which go to show that the court was without jurisdiction.


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