In re Vance

Caution
1891 Cal. LEXIS 680·88 Cal. 262·26 P. 101
Supreme Court of CaliforniaMarch 7, 1891No. 13594California161 words

Lead Opinion

Sharpstein, J.

This appeal is from a judgment in a

case of contempt, and the respondent moves to dismiss the appeal, on the ground that an appeal does not lie in such a case, because it is provided by the Code of Civil Procedure that “ the judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.” In Tyler v. Connolly, 65 Cal. 30 , the question is carefully considered, and the conclusion reached that no appeal lies from a judgment imposing a fine of more than three hundred dollars for a contempt of court, expressly overruling People v. O’Neil, 47 Cat. 109. Tyler v. Connolly, 65 Cal. 30 , was followed in Sanchez v. Newman, 70 Cal. 210 .

We see no ground for disturbing the rule laid down in Tyler v. Connolly, 65 Cal. 30 .

Appeal dismissed.

McFarland, J., De Haven, J., Garoutte, J., Harrison, J., Paterson, J., and Beatty, C. J., concurred.