Barry
Barry v. Superior Court
Opinion
Lead Opinion
Haven, J.
On September 30, 1889, in the superior court of the city and county of San Francisco, it was adjudged that the petitioner here was guilty of a contempt of court, and that he be punished therefor by imprisonment in the county jail of said city and county for five days, and pay a fine of five hundred dollars, and if such fine was not paid at the end of said five days’ imprisonment, that he be further imprisoned until said fine should be satisfied at the rate of one day for each two dollars of the fine unpaid.
On October 4, 1890, in department No. 8 of said superior court, on motion of the district attorney, another judgment was entered in the same proceeding for contempt, which, after reciting that the five days’ term of imprisonment had expired, and that no part of the five hundred dollars had been paid,'proceeded as follows: “It is therefore ordered that judgment be entered herein against said James H. Barry for five hundred dollars and costs, and that execution issue against said James H. Barry for five hundred dollars and costs, to the sheriff of the city and county of San Francisco.
“Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered,…