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Ex Parte Simon, 208 U.S. 144 (1908)
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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.
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
PETITION FOR WRITS OF HABEAS
CORPUS AND CERTIORARI
Syllabus
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Ex Parte Simon, 208 U.S. 144 (1908) in 208 U.S. 144 208 U.S. 146. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=TPBD25T4EG9ZCQN.
MLA:
U.S. Supreme Court. "Syllabus." Ex Parte Simon, 208 U.S. 144 (1908), in 208 U.S. 144, page 208 U.S. 146. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=TPBD25T4EG9ZCQN.
Harvard:
U.S. Supreme Court, 'Syllabus' in Ex Parte Simon, 208 U.S. 144 (1908). cited in 1908, 208 U.S. 144, pp.208 U.S. 146. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=TPBD25T4EG9ZCQN.
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