Legal Opinion

Grady v. Superior Court

California Supreme Court

Decided September 21, 1883PublishedCited by 7 opinions

Application for a writ to review the proceedings of the Superior Court of Fresno County. The petitioner, having been adjudged guilty of contempt of court, was sentenced to pay a fine and to be imprisoned until the fine should be paid. On habeas corpus before the judge of the Superior Court of another county he was discharged from custody. The other facts appear in the opinion.

1Per curiam

Ifc is admitted that the Superior Court had jurisdiction of the proceedings for contempt. That being the ease, and the court having imposed a fine, it was competent for the court to enforce its collection by execution. (§ 1214, Pen. Code.)

As to that portion of the order adjudging the petitioner guilty of contempt, which directed that imprisonment should be used as a means of collecting the fine imposed, it is sufficient to say that section 1487 of the Penal Code makes it the duty of the court or judges to whom a writ of habeas corpus is returned, in case it shall appear that the petitioner is…

2Cited by7 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. France v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
  3. People v. MatuszewskiCalifornia Supreme Court · 1903
  4. Ex Parte SullivanNevada Supreme Court · 1948
  5. Ex Parte WhiteCalifornia Court of Appeal · 1906

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API