Adams v. Haskell & Woods
California Supreme Court
Certiorari to the District Court of the Fourth Judicial District. The alleged excess of jurisdiction, upon which this writ was sued out, was an order made in the Court below, committing A. A. Cohen for contempt in refusing to pay over the sum of ten thousand dollars to Henry M. Naglee, (the receiver appointed by the Court in this action,) in compliance with a previous order to that effect, directed to Richard Roman, Edward Jones, and A. A. Cohen, former custodians of the…
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Certiorari to the District Court of the Fourth Judicial District. The alleged excess of jurisdiction, upon which this writ was sued out, was an order made in the Court below, committing A. A. Cohen for contempt in refusing to pay over the sum of ten thousand dollars to Henry M. Naglee, (the receiver appointed by the Court in this action,) in compliance with a previous order to that effect, directed to Richard Roman, Edward Jones, and A. A. Cohen, former custodians of the fund, as assignees in insolvency of Adams & Co. Against the granting of the first order, Cohen showed cause for retaining…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
In this ease, the Court exceeded its jurisdiction in ordering the party to be imprisoned until he paid into Court certain moneys, paid to him for fees, and disbursements made by him.
The affidavit of the party is uncontradicted, and shows that he has complied, as far as it is possible, with the order of the Court, and th§t it is not in his power to comply further. This is a sufficient expurgation, and the order directing his imprisonment was, under these circumstances, an excess of jurisdiction, and…
2Cited by14 opinions
- Ex parte WrightIndiana Supreme Court · 1879
- Hawthorne v. StateNebraska Supreme Court · 1895
- Ex parte OverendCalifornia Supreme Court · 1898
- Wilson v. Columbia Casualty Co.Ohio Supreme Court · 1928
- Cline v. LanganNevada Supreme Court · 1909
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