Habegger

Defendants and appellants were adjudged guilty of contempt by the Superior Court of Inyo County and take this appeal. It was found by the trial court that acts done by the defendants in the use of property owned by them constituted a violation of a judgment of injunction entered several years before and that the violation constituted contempt.

Appellants present a number of contentions challenging the sufficiency of the judgment to constitute a basis for a contempt proceeding, which contention would include that of the sufficiency and certainty of the judgment. The difficulty which appellants face, however, is that the order and judgment of contempt is not appealable. In John Breuner Co. v. Bryant, 36 Cal.2d 877, 878 [ 229 P.2d 356 ], the court carefully reviewed the decisions in California and stated:

We have no alternative, therefore, except to dismiss the appeal. We do not express any opinion as to whether the judgment of injunction is sufficiently definite and certain to form a basis for the contempt order or whether there was a sufficient showing to find defendants in contempt.

The appeal is dismissed.

Griffin, P. J., and Coughlin, J., concurred.

Assigned by Chairman of…