Legal Opinion

People v. O'Neil

California Supreme Court

Decided July 1, 1873No. 10,054PublishedCited by 22 opinions

Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The defendant was adjudged to pay a fine of $300 for a contempt of Court, and he appealed from the judgment. A decree had been entered in the Sixth District Court, Judge Reardon presiding, divorcing the defendant from his wife, and awarding him the custody of an infant child. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Crockett, J.:

We think the judgment appealed from is appealable. It is for money and sufficient in amount to give jurisdiction to this Court. Some of the facts essential to a correct understanding of the case do not appear of record, and therefore *110would not be brought up on certiorari, but are properly presented by a statement on appeal. We think an appeal in a case of this character, when facts de hors the record may be examined, is the appropriate remedy. We are also of opinion that the judgment, though purporting to be for a contempt, is appealable. and is Subject to review on…

2Cases cited2 opinions

  1. Ex parte CohenCalifornia Supreme Court · 1856
  2. Ex Parte RoweCalifornia Supreme Court · 1857

3Cited by22 opinions

  1. Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
  2. State v. KnightSouth Dakota Supreme Court · 1893
  3. Phillips v. WelchNevada Supreme Court · 1876
  4. Swinburn v. SmithWest Virginia Supreme Court · 1879
  5. Ruhl v. RuhlWest Virginia Supreme Court · 1884

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