Mahoney v. Van Winkle
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The facts out of which the present controversy arose are fully stated in Mahoney v. Van Winkle, 21 Cal. 554. In 1862 an Act was passed by the Legislature of this State which provided in substance that a person dispossessed from a tract of land by the decree or judgment of a Court of competent jurisdiction, and who, not having a legal right to do so, should re-enter and take…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The facts out of which the present controversy arose are fully stated in Mahoney v. Van Winkle, 21 Cal. 554. In 1862 an Act was passed by the Legislature of this State which provided in substance that a person dispossessed from a tract of land by the decree or judgment of a Court of competent jurisdiction, and who, not having a legal right to do so, should re-enter and take possession, should be deemed guilty of contempt of the Court by which the judgment was rendered. It was for a violation of this…
1Opinion of the Court
By the Court, Shaeter, J. :
The plaintiff appeals from an order of the Twelfth District Court, made in proceedings had under an Act entitled “ An Act for the punishment of contempts and trespasses,” approved April 8th, 1862. (Stats. 1862, p. 115.)
The question presented by the appellant for decision is the constitutionality of the Act of the Legislature entitled “ An Act for the protection of settlers on public lands in this State, and to secure the rights of parties in certain cases,” approved April 26th, 1858. (Stats. 1858, p. 345.)
The facts are as follows: In 1861 David Mahoney commenced an…
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