Ex parte Clancy

— I concur in the judgment on both grounds, — that stated by Justice Sharpstein and that stated by Justice Harrison; both grounds being, in my opinion, correct, and either a sufficient reason for denying the writ.

— The petitioner alleges that he is imprisoned by the sheriff of San Francisco, and that such imprisonment is illegal, for the following reasons: —

On the second day of July, 1891, petitioner, upon the petition of certain of his creditors, was adjudged by the superior court of the city and county of San Francisco an insolvent debtor, and ordered to file, and did file, his schedules in said matter of insolvency. On the sixteenth day of July, 1891, petitioner, in compliance with *554 an order of said court, appeared therein, and was examined concerning his property and estate, and thereupon said court ordered petitioner to turn over or pay to the receiver in said insolvency proceeding four thousand dollars in assets; to wit, goods, wares, and merchandise, or its avails.

Petitioner did not comply with that order, and was by the court adjudged guilty of a contempt of court for not complying therewith, and committed to the custody of the sheriff, there to remain until he, petitioner, should comply with said order. Petitioner, on the twenty-fifth day of July, 1891, duly served and filed a notice of appeal to this court from said order adjudging him guilty of contempt, and within five…

I concur in the judgment. The petitioner, by not questioning, concedes that the order of the superior court directing him to “ turn over or pay to the receiver, at its cost, four thousand dollars in assets, goods, wares, or merchandise, or its avails,” found by the court to have been' in his possession or under his control at the date of his adjudication in insolvency, was an order which the court had jurisdiction to make; and that it was made after a hearing, upon due *556 notice to him thereof, and on an application therefor. His only attack upon this order is, that the finding of the court was not in accordance with the evidence. This, however, was but error, and no appeal having been taken from the order, it is conclusive upon the petitioner. Being a lawful order of the court, the disobedience thereof by the petitioner was a contempt of the authority of the court (Code Civ. Proe., sec. 1209, subd. 5); and the court having, under proper proceedings therefor, determined that he was guilty of the contempt charged, was authorized, under section 1219, to direct him to be imprisoned until he complied with the order. This judgment and order of the court was, by section 1222, “final…