Ex parte Tinkum

The petitioner is imprisoned under an order of the Superior Court of Mono County, adjudging him guilty of contempt of Court for disobeying a peremptory writ of mandate issued upon a judgment rendered by the late District Court of Mono County on the 17th of November, 1879.

But the records show that the judgment was rendered in an action originally commenced by one Albert Mack against Andrew H. Allen, Treasurer of the County of Mono, for a writ of mandamus to compel the said Treasurer to pay a certain audited warrant, drawn upon the treasury of the county, out of the general fund of the county. In the action, a judgment was rendered on the 27th of October, 1877, by the District Court, in favor of the plaintiff; but from the judgment an appeal was taken by the defendant to the Supreme Court, and on the 19th of May, 1879, the judgment was reversed, with costs, for want of findings upon the issues joined by the answer. Upon the filing of the remittitur in the District Court, that Court, without a retrial of the cause, had findings prepared, in which, after reciting the trial, which was had in October, 1877, the Court found, among other things, that A. II. Allen, the defendant, was,…