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Hovey v. Elliott, 167 U.S. 409 (1897)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hovey v. Elliott, 167 U.S. 409 (1897)
Hovey v. Elliott No. 255 Argued March 30-31, 1897 Decided May 24, 1897 167 U.S. 409
ERROR TO THE COURT OF APPEALS
OF THE STATE OF NEW YORK
Syllabus
It is not within the power of the Supreme Court of the District of Columbia to order the answer of the defendant in a chancery suit pending in that court to be stricken from the files, and a decree to be entered that the bill be taken pro confesso against him, simply because he was held to be guilty of contempt in neglecting to pay into court money held by him which was the subject of controversy in the suit, and declined to appear when summoned to do so.
A court possessing plenary power to punish for contempt, unlimited by statute, has not the right to summon a defendant to answer, and then after obtaining jurisdiction by the summons, refuse to allow the party summoned to answer or strike his answer from the files, suppress the testimony in his favor, and condemn him without consideration thereof and without a hearing, on the theory that he has been guilty of a contempt of court.
The judicial history of the law concerning contempt of court in England and in this country reviewed and considered.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Hovey v. Elliott, 167 U.S. 409 (1897) in 167 U.S. 409 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1SXIH6P23SV7I2R.
MLA: U.S. Supreme Court. "Syllabus." Hovey v. Elliott, 167 U.S. 409 (1897), in 167 U.S. 409, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1SXIH6P23SV7I2R.
Harvard: U.S. Supreme Court, 'Syllabus' in Hovey v. Elliott, 167 U.S. 409 (1897). cited in 1897, 167 U.S. 409. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1SXIH6P23SV7I2R.
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