Platnauer

Platnauer v. Superior Court

Good Law
1917 Cal. App. LEXIS 527·32 Cal. App. 463·163 P. 237
Court of Appeal of CaliforniaJanuary 3, 1917Civ. No. 1600.California3,253 words

Opinion

lead Opinion

Hart, J.

The petitioner was, by the respondents, adjudged guilty of contempt of court, and ordered to suffer punishment therefor by imprisonment in the county jail of the county of Sacramento for the period of one day. Claiming that, in so adjudging him guilty of contempt and so punishing him therefor, the court exceeded its jurisdiction, the petitioner, by this proceeding, asks this court for a writ of certiorari, to the end that the action of the court in that regard may be annulled and set aside as being absolutely void.

The alleged contempt occurred during the progress of the trial of the case entitled J. M. Morrison, Contestant, v. William D. Lawton and C. E. Mahoney, Contestees and Respondents. Said proceeding involved and was instituted to contest the question of the nomination of the said C. E. Mahoney, at the general primary election held throughout the state in the month of August, 1916, for the office of supervisor for the third supervisorial district of Sacramento County, and to that end to obtain a recount of the votes cast at said primary election in said district for said office, the three persons named having been rival candidates for the nomination for said office at the…

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