Legal Opinion

Burns v. Superior Court

California Supreme Court

Decided August 14, 1903No. S.F. No. 3538PublishedCited by 67 opinions

CERTIORARI to review the action of the Superior Court of the City and County of San Francisco in proceedings for contempt. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

This is a proceeding in certiorari, to review an order of the superior court of the city and county of San Francisco, adjudging the petitioner guilty of contempt.

A writ of review can only be granted .when the court or tribunal to which it is directed has exceeded its jurisdiction. (Code Civ. Proc., sec. 1068.) In a proceeding for contempt not committed in the immediate view and presence of the court, the superior court has jurisdiction to proceed when an affidavit stating the facts constituting the alleged contempt has been filed, and it appears that the facts charged do, in law, constitute a…

2Cases cited23 opinions

  1. Ex Parte TerrySupreme Court of the United States · 1888
  2. Ex Parte RobinsonSupreme Court of the United States · 1874
  3. People v. DurrantCalifornia Supreme Court · 1897
  4. Stonesifer v. KilburnCalifornia Supreme Court · 1892
  5. Bruner v. Superior CourtCalifornia Supreme Court · 1891

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

3Cited by67 opinions

  1. Rooney v. Vermont Investment Corp.California Supreme Court · 1973
  2. Hays v. Superior CourtCalifornia Supreme Court · 1940
  3. Dibb v. County of San DiegoCalifornia Supreme Court · 1994
  4. Title Insurance & Trust Co. v. King Land & Improvement Co.California Supreme Court · 1912
  5. Zellerino v. BrownCalifornia Court of Appeal · 1991

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

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