Wise v. Henkel, 220 U.S. 556 (1911)

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Wise v. Henkel

No. 964

Argued April 24, 25, 1911
Decided May 15, 1911
220 U.S. 556

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Where the court below had authority to make an order directing the performance of an act, irrespective of a constitutional question raised, the denial of a writ of habeas corpus on behalf of one committed for contempt for refusing to obey such order does not necessarily involve the construction or application of the Constitution, and a direct appeal from the judgment denying the writ does not lie to this Court under § 5 of the Judiciary Act of 1891.

The writ of habeas corpus cannot be made to perform the functions of a writ of error.

The facts, which involve the jurisdiction of this Court on appeal from a judgment of the circuit court of the United States in a habeas corpus proceeding, are stated in the opinion.