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PEPKE v. CRONAN, 155 U.S. 100 (1894)

U.S. Supreme Court

PEPKE v. CRONAN, 155 U.S. 100 (1894)

155 U.S. 100

PEPKE
v.
CRONAN, Sheriff of Walsh County, N. D.
No. 641.

October 29, 1894. [155 U.S. 100, 101]   Marshall A. Spooner and Armstrong Taylor, for appellant.

W. H. Standish, Atty. Gen., N. D., for appellee.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.

It was insisted upon the argument that the judgment in contempt was not appealable. State v. Davis, 2 N. D. 461, 51 N. W. 942. But it was conceded that the validity of the law and of the sentence could be tested by the supreme court of the state on certiorari or habeas corpus, and no reason was suggested why, if the judgment of the district court was the final judgment of the highest court of the state in which a decision in the matter could be had, a writ of error from this court might not be applied for.

Without considering the merits of the questions discussed, the judgment must be affirmed upon the authority of Ex parte Fonda, 117 U.S. 516 , 6 Sup. Ct. 848; In re Wood, 140 U.S. 278 , 11 Sup. Ct. 738; Cook v. Hart, 146 U.S. 183 , 13 Sup. Ct. 40; New York v. Eno, 15 Sup. Ct. 30, and cases cited. Judgment affirmed.

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