Case Summary

In April 1901, the Canton Bridge Company, an Ohio corporation, sued Thomas Ratcliff and several co-defendants for money owed in the U.S. Circuit Court for the District of Nebraska. Ratcliff was subpoenaed to give at a deposition, but refused to cooperate with the notary public, Thomas Maddison, who had Ratcliff jailed for contempt. Ratcliff petitioned for a writ of habeas corpus, arguing that while Nebraska notaries could exercise this authority, Maddison had been acting under the color of federal law and had no such authority. After hearing the evidence, the judge agreed and Ratcliff was released from custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Contempt of court

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. Circuit Court for the Omaha Division of the District of Nebraska , Series: Appearance Dockets, 1867 - 1915, Vol. 22, p. 216; Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. Circuit Court for the Omaha Division of the District of Nebraska. (1867-1/1/1912), Series: Chancery, Criminal, Equity and Law Cases, 3/30/1867-12/26/1911, No. U-216

Source material(s)

Docket | Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• National Archives and Records Administration, Kansas City (Kansas City, Kansas)

State

• Nebraska

Point(s) of law cited

Courtney v. Knox, 31 Neb. 652|In re Loney, 134 U.S. 372|Section 863 of the Revised Statutes of the United States|U.S. v. Tilden, 10 Ben. 566|Fed. Cases, No. 16, 522|In re Allis, 44 Fed. 216|In re Rindskopf, 24 Fed. 542

People

• Ratcliff, Thomas (petitioner)
• Power, John (respondent)
• Richie, Albert S. (petitioner attorney)
• Maddison, Thomas H. D. (authority ordering detention)
• Munger, William H. (judge)
• Ratcliff, Thomas (bound party)
• Power, John (responding party)
• Power, John (holding party)

• Additional parties

  Towle, John W. (clerk)

  Dennison, Thomas (unspecified)

  Thummell, George H. (clerk)

  Cole, W. Cliff (co-defendant)

  Crabill, Frank (co-defendant)

  White, Jack (co-defendant)

  Hendricks, Frank (co-defendant)

  Diamond, Dick (co-defendant)

  Mitchell, Charles (co-defendant)

  Reavis, C. F. (attorney)

  Reavis, (attorney)

  Kelkenney, James B. (attorney)

  Weber, W. H. (deputy sheriff)

  Hardy, W. A. (constable)