Tyler v. Connolly
California Supreme Court
Petition for a writ of prohibition. The petitioner alleges that a judgment was rendered against him by the Superior Court of the city and county of San Francisco, adjudging him guilty of contempt, and that he pay a fine of five hundred dollars, and stand committed to the county jail until the fine be paid, in the proportion of one day for every two dollars thereof] that he thereafter prepared a bill of exceptions, which was settled by the court, and served and filed a notice…
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Petition for a writ of prohibition. The petitioner alleges that a judgment was rendered against him by the Superior Court of the city and county of San Francisco, adjudging him guilty of contempt, and that he pay a fine of five hundred dollars, and stand committed to the county jail until the fine be paid, in the proportion of one day for every two dollars thereof] that he thereafter prepared a bill of exceptions, which was settled by the court, and served and filed a notice of appeal to the Supreme Court, and in due time gave a sufficient undertaking for costs and for stay of execution…
1Opinion of the CourtThornton, 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…
2Cases cited9 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Ex parte HollisCalifornia Supreme Court · 1881
- Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
- Dashiell v. SlingerlandCalifornia Supreme Court · 1882
- People v. O'NeilCalifornia Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Powers v. City of RichmondCalifornia Supreme Court · 1995
- Gale v. Tuolumne County Water Co.California Supreme Court · 1914
- In re the Estate of WittmeierCalifornia Supreme Court · 1897
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- Burnett v. Jackson, JudgeSupreme Court of Oklahoma · 1910
18 more not listed; retrieve them via the Exa API.