Larrabee v. Selby
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff, on the 20th day of December, 1872,- obtained judgment against the defendant, in an action of ejectment, for the recovery of the possession of. a tract of public land, described as the southwest one-quarter of section seventeen, township two south, range thirteen west, San Bernardino meridian, and the defendant was removed from the premises under the judgment..
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff, on the 20th day of December, 1872,- obtained judgment against the defendant, in an action of ejectment, for the recovery of the possession of. a tract of public land, described as the southwest one-quarter of section seventeen, township two south, range thirteen west, San Bernardino meridian, and the defendant was removed from the premises under the judgment.. The defendant afterwards re-entered, and this was a proceeding to punish him for a contempt of Court in doing so. Sec. 1210 of the Code…
1Opinion of the Court
An appeal lies to this Court. (Ware v. Robinson, 9 Cal. 107; Ex parte Rowe, 7 Cal. 175 ; Mahoney v. Van Winkle, 33 Cal. 448.) Defendant entered in good faith, having the right to enter under a subsequently acquired title, and not intending or committing contempt of Court. (Mahoney v. Van Winkle, ■ 33 Cal. 458.)
R. M. Widney, for the Respondent.
“ The judgment and orders of the. Court or Judge made in cases of contempt are final and conclusive.” (Code of Civil Procedure, sec. 1222.) “ An order of Court adjudging a party guilty of contempt is not appealable.” (Aram v. Shallenberger, 42 Cal. 275°)
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2Cases cited3 opinions
- Ex Parte RoweCalifornia Supreme Court · 1857
- Mahoney v. Van WinkleCalifornia Supreme Court · 1867
- Ware v. RobinsonCalifornia Supreme Court · 1858
3Cited by9 opinions
- Ex parte HollisCalifornia Supreme Court · 1881
- Ex parte CaseyCalifornia Supreme Court · 1886
- Groves v. Superior CourtCalifornia Court of Appeal · 1944
- Tyler v. ConnollyCalifornia Supreme Court · 1884
- Carr v. District CourtSupreme Court of Iowa · 1910
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