Ex parte Vance

These two proceedings were heard on Monday, March 9, 1891, on returns of the sheriff of Sacramento County to the writs of habeas corpus. The conclusions of this courty remanding the petitioners to the custody of said sheriff, were on the same day announced; but through some inadvertence, the proper orders were not delivered to the clerk, and were therefore not entered by him.

The petitioners are in custody by virtue of an order of the superior court of Sacramento County, — Judge A. P. Gatlin presiding, — punishing them for contempt, which consisted in violating a decree rendered in said court — ex-Judge J. W. Armstrong then presiding — in a certain action in that court entitled “ James C. Pennie, Administrator, et al., v. Sebastain Vischer et al. ” The petitioner Vance was a party defendant in that action, and the decree enjoined and restrained him, and his agents, attorneys, employees, etc., from entering upon any of the lands described in the complaint therein, and from interfering with the plaintiffs in said action, or either of them, or their tenants, grantees, or agents, in the possession, control, or ownership of such lauds. The other petitioner, Carpenter, was Vance’s…