State ex rel. Olson v. Allen

The opinion of the court was delivered by

Scott, J.

This was an appeal from a judgment and sentence finding the appellant guilty of a contempt of court. The respondent moves to dismiss on the ground that such a judgment is not appealable. But as the right of appeal seems to be expressly given by § 791, Code Proc., the motion is denied.

The first point raised by the appellant is that the court erred in not granting his motion to vacate the proceedings on the ground of the insufficiency of the affidavit. The alleged offence consisted in the violation of an order of the court to produce certain…