Mott v. Clarke (1899) · DecisionDepot

Mott v. Clarke

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

California Supreme Court Mar 7, 1899 No. S. F. No. 783Published

Before: Pringle

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Holding. An order adjudging a party guilty of contempt and imposing a fine and jail time is not an appealable order.

Issues

Whether an order adjudging a party guilty of contempt is appealable.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The order is not appealable: Ex parte Clancy, 90 Cal. 553, 27 Pac. 411; Cosby v. Superior Court, 110 Cal. 45, 42 Pac. 460.”

“I advise that the appeal be dismissed.”

Synopsis

Contempt—Bight of Appeal.—Under Code of Civil Procedure, section 1222, a judgment in contempt proceedings is not appealable.

PRINGLE, C. This is an attempted appeal from an order, of the superior court of the city and county of San Francisco, made December 4, 1895, adjudging appellant “guilty of contempt, and that he be confined in the county jail twenty-four hours, and pay to Eli T. Sheppard two hundred and seventy-five dollars on or before December 6, 1895.” The order is not appealable: Ex parte Clancy, 90 Cal. 553, 27 Pac. 411; Cosby v. Superior Court, 110 Cal. 45, 42 Pac. 460. I advise that the appeal be dismissed.

We concur: Haynes, C.; Gray, C.

PER CURIAM. For the reasons given in the foregoing opinion the appeal is dismissed.

Mott v. Clarke

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