Larrabee

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°)

The judgment in this case was rendered on the 20th day of December, 1872; and the writ of restitution was executed on or about the 10th day of July, 1873; and the defendant re-entered the premises about the 12th day of April, 1876. In answer to the order to show cause why he should not be punished for a contempt, the defendant filed his affidavit, and on the hearing documentary evidence was read. The affidavit states, among other things, that the defendant claimed the right of pre-emption; that on the 10th of March, 1876, the Secretary of the Interior allowed his pre-emption claim to…