Re Merchants Stock Grain Company, No. 10

CourtUnited States Supreme Court
Writing for the CourtVan Devanter
Citation32 S.Ct. 339,56 L.Ed. 584,223 U.S. 639
Docket NumberO,No. 10
Decision Date04 March 1912
PartiesRE MERCHANTS' STOCK & GRAIN COMPANY et al., Petitioners. riginal

223 U.S. 639
32 S.Ct. 339
56 L.Ed. 584
RE MERCHANTS' STOCK & GRAIN COMPANY et al., Petitioners.
No. 10, Original.
Submitted December 11, 1911.
Decided March 4, 1912.

Messrs.

Page 640

Chester H. Krum and Henry S. Priest for petitioners.

Mr. Henry S. Robbins for respondents.

Mr. Justice Van Devanter delivered the opinion of the court:

This is a petition for a writ of mandamus commanding the circuit court of appeals for the eighth circuit to reinstate and take jurisdiction of a writ of error dismissed by it. The facts are these: During the pendency, in a circuit court of the United States, of a suit in equity to which the petitioners were parties defendant, they were charged by the complainant with having wilfully violated an interlocutory injunction theretofore granted in the suit at the instance and for the benefit of the complainant, and at the hearing upon that complaint were by the court adjudged guilty of contempt of its authority, and ordered unconditionally to pay into its registry, within five days, fines of $1,000, $2,000, and $500, respectively, each fine, when paid, to go three fourths to the complainant, 'as compensation in part for the expenses incurred in prosecuting these contempt proceedings,' and one fourth to the United States. With the purpose of securing a review of the order, the petitioners sued out a writ of error from the circuit court of appeals, and when the writ came on for hearing, that court dismissed it, upon the ground that the order, rightly considered, was remedial, not punitive, and was merely interlocutory, and reviewable only upon an appeal from the final decree. 109 C. C. A. 230, 187 Fed. 398.

We are not now concerned with whether the proceedings resulting in the order were such as to admit of the imposition of punitive, as distinguished from compensatory, fines, or whether, if the proceedings were not of that character, the order was erroneous in its entirety, or only

Page 641

as to so much of the fines as was to go to the United States; and therefore we pass what is said in that connection in the briefs and come at once to the only question presented for decision; which is, whether the order was open to review upon a writ of error. The answer turns upon the character of the order. If it was remedial, it was merely interlocutory, and reviewable only upon an appeal from the final decree; but, if it was punitive, it was a final judgment, criminal in its nature, and reviewable upon a writ of...

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39 practice notes
  • Grand Jury Investigation, In re, No. 79-1978
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 8, 1980
    ...is immediately appealable by the contemnor without awaiting a final judgment in the case in chief. In re Merchants' Stock and Grain Co., 223 U.S. 639, 32 S.Ct. 339, 56 L.Ed. 584 4 In Gompers v. Buck's Stove & Range Co., 221 U.S. 418, 31 S.Ct. 492, 55 L.Ed. 797 (1911), the Supreme Court iden......
  • International Business Machines Corp. v. United States, No. 1133 to 1136
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 17, 1973
    ...makes the entire order immediately appealable. Union Tool Co. v. Wilson, 259 U.S. 107, 110 (1922); In re Merchants' Stock and Grain Co., 223 U.S. 639, 642 (1912); In re Christensen Engineering Co., 194 U.S. 458, 461 (1904). The mere fact that the district court labeled the order as civil an......
  • Penfield Co of California v. Securities Exchange Commission, No. 453
    • United States
    • United States Supreme Court
    • March 31, 1947
    ...225, 37 L.Ed. 1207; Matter of Christensen Engineering Co., 194 U.S. 458, 24 S.Ct. 729, 48 L.Ed. 1072; In re Merchants' Stock & Grain Co., 223 U.S. 639, 32 S.Ct. 339, 56 S.Ct. 584; Farmers & Mechanics Nat. Bank v. Wilkinson, 266 U.S. 503, 45 S.Ct. 144, 69 L.Ed. 408, the criminal penalty and ......
  • Merchants' Stock & Grain Co. v. Board of Trade of City of Chicago, 3,404.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 24, 1912
    ...Board of Trade et al., 187 F. 398, 109 C.C.A. 230. The Supreme Court of the United States having held in Re Merchants' Stock & Grain Co., 223 U.S. 639, 32 Sup.Ct. 339, 56 L.Ed. 584, that the contempt here in question was criminal as distinguished from civil, the case was ordered reargued, a......
  • Request a trial to view additional results
39 cases
  • Grand Jury Investigation, In re, No. 79-1978
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 8, 1980
    ...is immediately appealable by the contemnor without awaiting a final judgment in the case in chief. In re Merchants' Stock and Grain Co., 223 U.S. 639, 32 S.Ct. 339, 56 L.Ed. 584 4 In Gompers v. Buck's Stove & Range Co., 221 U.S. 418, 31 S.Ct. 492, 55 L.Ed. 797 (1911), the Supreme Court iden......
  • International Business Machines Corp. v. United States, No. 1133 to 1136
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 17, 1973
    ...makes the entire order immediately appealable. Union Tool Co. v. Wilson, 259 U.S. 107, 110 (1922); In re Merchants' Stock and Grain Co., 223 U.S. 639, 642 (1912); In re Christensen Engineering Co., 194 U.S. 458, 461 (1904). The mere fact that the district court labeled the order as civil an......
  • Penfield Co of California v. Securities Exchange Commission, No. 453
    • United States
    • United States Supreme Court
    • March 31, 1947
    ...225, 37 L.Ed. 1207; Matter of Christensen Engineering Co., 194 U.S. 458, 24 S.Ct. 729, 48 L.Ed. 1072; In re Merchants' Stock & Grain Co., 223 U.S. 639, 32 S.Ct. 339, 56 S.Ct. 584; Farmers & Mechanics Nat. Bank v. Wilkinson, 266 U.S. 503, 45 S.Ct. 144, 69 L.Ed. 408, the criminal penalty and ......
  • Merchants' Stock & Grain Co. v. Board of Trade of City of Chicago, 3,404.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 24, 1912
    ...Board of Trade et al., 187 F. 398, 109 C.C.A. 230. The Supreme Court of the United States having held in Re Merchants' Stock & Grain Co., 223 U.S. 639, 32 Sup.Ct. 339, 56 L.Ed. 584, that the contempt here in question was criminal as distinguished from civil, the case was ordered reargued, a......
  • Request a trial to view additional results

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