Pueblo Trading Co. v. El Camino Irr. Dist.

I concur in the affirmance of the order of the district court which reads “The contempt proceeding is dismissed,” but dissent from the court going afield from the single issue presented by the appeal from that order and erroneously denying the right to the appellant bondholder to have considered its plea for execution on the judgment of the court below in the ancillary mandamus proceeding it brought.

The punishment for a past contempt is an entirely distinct proceeding from the mandamus proceeding sought requiring future action.

This mandamus proceeding was prayed for in that portion of the…