Holmes v. Conway, 241 U.S. 624 (1916)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 241 U.S. 613, click here.

Holmes v. Conway


No. 335


Argued May 1, 1916
Decided June 12, 1916
241 U.S. 624

ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS

Syllabus

The due process clause of the Fourteenth Amendment does not control mere forms of procedure in state courts, or regulate practice therein.

All the requirements of the due process provision of the Fourteenth Amendment are complied with provided the person condemned has sufficient notice and is afforded adequate opportunity to defend.

An attorney having obtained certain funds from the clerk of the court, the court in a summary proceeding directed him, after a full hearing, to restore the same; on appeal, this order was affirmed, and, on rehearing, the attorney set up that he had been denied due process of law by not being given adequate notice or a fair opportunity to defend. Held that, as the record doe not sustain his contention in those respects, this Court cannot say that he has been deprived of a federal right.

92 Kan. 787, 93 id. 246, affirmed.

The facts, which involve the validity under the due process provision of the Fourteenth Amendment of a judgment of a state court, are stated in the opinion.