Ex Parte Simon,
208 U.S. 144 (1908)

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U.S. Supreme Court

Ex Parte Simon, 208 U.S. 144 (1908)

Ex Parte Simon

No. 13, Original

Argued January 6, 7, 1908

Decided January 20, 1908

208 U.S. 144


The usual rule is that a prisoner cannot anticipate the regular course of proceedings having for their end to determine whether he shall be held or released by alleging want of jurisdiction and petitioning for a habeas corpus, and the same rule is applicable in the case of one committed for contempt until a small fine shall be paid for disobeying an injunction order of the circuit court and who petitions for a habeas on the ground that the order disobeyed was void because issued in a suit which was coram non judice.

Notwithstanding the prohibitive provisions of § 720, Rev.Stat., the circuit court of the United States may have jurisdiction of a suit brought by a citizen of one state against citizens of another state to enjoin the execution of a judgment fraudulently entered against him in a state court which had no jurisdiction by reason of nonservice of the summons, and this Court will not determine the merits of, such a case on habeas corpus proceedings brought by one of the defendants committed for contempt for disobeying a preliminary injunction order issued by the circuit court.

The facts are stated in the opinion.

Page 208 U. S. 146

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