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Fisher v. Pace, 336 U.S. 155 (1949)
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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.
Fisher v. Pace, 336 U.S. 155 (1949)
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Fisher v. Pace No. 45 Argued December 9, 1948 Decided February 7, 1949 336 U.S. 155
CERTIORARI TO THE SUPREME COURT OF TEXAS
Syllabus
1. In a workmen’s compensation proceeding in a Texas state court, counsel for the claimant, in his argument to the jury, persisted in referring to matters which, under Texas law and as the judge twice admonished him, were outside the issues for the jury, and he was summarily fined $25 for contempt. An altercation between counsel and the judge followed, during which the fine was increased to $50, then a 3-day jail sentence was added, and finally a sentence of $100 fine and 3 days in jail was imposed. The State Supreme Court upheld the sentence.
Held: upon the record in this case, counsel was not denied due process of law under the Fourteenth Amendment of the Federal Constitution. Pp. 156-163.
2. The inherent power of courts to punish summarily for contempts committed in their presence is essential to preserve their authority and to prevent the administration of justice from falling into disrepute, and such summary procedure affords due process of law. Pp. 159-160.
3. The mildly provocative language of the trial judge did not excuse counsel’s show of contempt for judge and court which the record in this case manifests. P. 163.
146 Tex. 328, 206 S.W.2d 1000, affirmed.
In a state court in which he was participating as counsel in the trial of a workmen’s compensation case, petitioner was summarily convicted and sentenced for a contempt of court. In a habeas corpus proceeding, the State Supreme Court upheld the conviction. 146 Tex. 328, 206 S.W.2d 1000. This Court granted certiorari. 334 U.S. 827. Affirmed, p. 163.
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Chicago: U.S. Supreme Court, "Syllabus," Fisher v. Pace, 336 U.S. 155 (1949) in 336 U.S. 155 336 U.S. 156. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TK16ZYXVD2R4V68.
MLA: U.S. Supreme Court. "Syllabus." Fisher v. Pace, 336 U.S. 155 (1949), in 336 U.S. 155, page 336 U.S. 156. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TK16ZYXVD2R4V68.
Harvard: U.S. Supreme Court, 'Syllabus' in Fisher v. Pace, 336 U.S. 155 (1949). cited in 1949, 336 U.S. 155, pp.336 U.S. 156. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TK16ZYXVD2R4V68.
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