In re Cohen

Good Law
5 Cal. 494
Supreme Court of CaliforniaJuly 1, 1855California961 words

Opinion

Lead Opinion

Terry, J.

Murray, C. J., concurred.

The return to the writ of habeas corpus shows, that Cohen and Jones are in custody under an attachment, issued out of the Fourth District Court, commanding the Sheriff to have said parties before said Court, to answer touching a certain contempt, which is alleged they had committed in refusing to obey a certain order of Court, (made in the case of Alvin Adams v. I. C. Woods and D. H. Haskell, pending in said Court, which order commanded Roman, Cohen, and Jones, to deliver to a Receiver, appointed by said Court, certain personal chattels therein specified, belonging to the firm of Adams & Co.

*495 The judgments and orders of Courts, or Judges, on the subject of contempts, are, by our statutes, declared to be final and conclusive; and it has been established by judicial decisions, that under the writ of habeas corpus we cannot review the orders of another Court in such cases.

Our investigation must be confined to the single point of jurisdiction. If the Court had power to make the order, we cannot inquire whether the case under consideration is a proper one for the exercise of that power. It cannot be doubted, that the District Courts have jurisdiction…

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