Tyler v. Connolly (1884) · DecisionDepot

Tyler v. Connolly

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Feb 5, 1884 No. No. 9,418Published

Before: Morrison, Thornton

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Holding. The court held that there is no constitutional or statutory right to appeal a judgment of contempt, as such proceedings are not within the appellate jurisdiction defined by the Constitution and are declared final and conclusive by the Code of Civil Procedure.

Issues

Whether a judgment of contempt is appealable under the California Constitution.
Whether a statute grants a right of appeal from a judgment of contempt.

Disposition. denied

Quotations verified verbatim against the opinion

“The judgment and orders of the court or judge made in cases of contempt are final and conclusive.”

“I concur in the judgment of the court that there is no right of appeal.”

Synopsis

Contempt—Appeal—Jubisdiction.—No appeal lies to the Supreme Court from a judgment of an inferior court imposing a fine for a contempt, although the amount of the fine exceeds the sum of three hundred dollars.

Id.—Appeal eeom Judgment nr Cbiminal Cases. — No appeal lies to the Supreme Court from a judgment in a criminal case, unless it is one prosecuted by indictment or info'rmatio «

Opinion — Thornton

Thornton, J. This is an application made to this court to prohibit the sheriff from proceeding to execute the judgment rendered against George W. Tyler in a proceeding against him for a contempt. The prohibition or stay is asked for on the ground that Tyler has taken an appeal from the judgment of contempt above mentioned, has perfected his appeal by giving the undertaking required by law, and that such undertaking operates as a stay; that, nevertheless, steps have been taken to execute the judgment.

If the judgment of contempt is appealable, the moving party is entitled to a stay.

COURT JURISDICTION.

The appellate jurisdiction of this court is conferred on it and is defined by the Constitution. It has such jurisdiction “ in all cases in equity, except such as arise in Justices’ Courts; also in all cases which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy amounts to three hundred dollars; also in cases of forcible entry and detainer, and in proceedings in insolvency, and in actions to prevent or abate a nuisance, and in all such probate matters as may be provided by law; and also in all criminal cases prosecuted by indictment or information in a court of record on questions of law alone.” (Const, art. vi. § 4.)

It is argued that because the judgment against Tyler exceeds three hundred dollars, that the appeal is given by the Constitution. But the Constitution does not give an appeal in all cases [30]where the judgment exceeds three hundred dollars; it gives it only when the demand, exclusive of interest, exceeds that sum. There was no demand for any sum in the proceeding against Tyler. The demand made appears in the pleadings—either in the complaint or answer. (Dashiell v. Slingerland, 60 Cal. 653.)

We know of no demand for a sum of money in a proceeding for a contempt. The law does not require or authorize such demand to be made. It would be most unusual to make it; and if made, it would be entirely unnecessary and without avail. The contention on the ground stated cannot, in our opinion, be maintained.

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Concurrence — Morrison

Morrison, C. J., concurring. By the order of the Superior Court of San Francisco the petitioner was adjudged guilty of a contempt of court, and was fined five hundred dollars. From this order or judgment petitioner has taken steps to appeal the matter to this court, and to that end has filed the notice and statement appropriate under proceedings on appeal.

It is claimed that the right of appeal does not exist, and notwithstanding petitioner’s attempted appeal, steps are being prosecuted to collect the fine imposed in the matter of the adjudged contempt. Petitioner now asks this court for an order staying all proceedings under the order of the court below. The right to the order asked for depends upon the question whether an appeal will lie in this case.

Section 1222 of the Code of Civil Procedure declares that “the judgment and orders of the court or judge in cases of contempt are final and conclusive”; and to give these words of the statute effect it must be held that no appeal can be taken in such cases under the Code. It is claimed, however, on behalf of the petitioner, that the right of appeal is a constitutional right—not to be taken away by the legislature. If the premises are correct, the conclusion is equally so. But let us see if the right of appeal exists under the Constitution.

[32]The appellate jurisdiction of the Supreme Courtis fixed by section 4, article vi., of the Constitution, which reads. “ The Supreme Court shall have appellate jurisdiction in all cases in equity except such as arise in Justices’ Courts; also in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; also in cases of forcible entry and detainer, and in proceedings in insolvency, and in actions to prevent or abate a nuisance, and in all such probate matters as may be provided by law; also in all criminal cases prosecuted by indictment or information in a court of record on questions of law alone.”

In the case of New Orleans v. Steamship Company, 20 Wall. 392, the Supreme Court of the United State held that “ contempt of court is a specific criminal offense. The imposition of the fine was a judgment in a criminal case. That part of the decree is as distinct from the residue, as if it were a judgment upon an indictment for perjury committed in a deposition read at the hearing. This court can take cognizance of a criminal case only upon a certificate of division in opinion. In Crosby’s case, Mr. Justice Blackstone said: ‘The sole adjudication for contempt, and the punishment thereof, belongs exclusively and without interference to each respective court.’ ”

In the case of Ex parte Crittenden, 62 Cal. 534, the above case was followed by the present Supreme Court, and I see no reason to depart from the principle there stated.

It follows, then, that if the proceeding for contempt is in its nature a criminal proceeding, the right of'appeal, under the Constitution, must be referred to that clause which authorizes an appeal in criminal cases. The language there found is the following : An appeal will lie “ also in all criminal cases prosecuted by indictment or information in a court of record on questions of law alone.” This is not such a case, and it can hardly be seriously contended that it comes within the language or meaning of the provision of the Constitution above quoted. In denying the right of appeal under the circumstances of this-case, we in no sense endanger the liberty of the citizen. If the power of punishing for contempt is exercised by a tyrannical court in an [33]arbitrary or unjustifiable manner, there are other modes of relief provided by law. Such a case may be reached generally by certiorari or habeas corpus. The power is given for wise and salutary purposes, and the exercise of it by an upright and honest judge Avill but seldom occur in cases Avhich do not demand a resort to this summary mode of punishment. To hold that the party in contempt may arrest the proceeding by appeal, would be to defeat in a measure the object and end__ of the law in conferring the poAver.

■ I concur in the judgment of the court that there is no right of appeal.

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Synopsis

Opinion — Thornton

COURT JURISDICTION.

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Concurrence — Morrison

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