47 Cal. 109 | Cal. | 1873
We think the judgment appealed from is appealable. It is for money and sufficient in amount to give jurisdiction to this Court. Some of the facts essential to a correct understanding of the case do not appear of record, and therefore
It is legally impossible that Judge Reardon, when he made the order, was the presiding Judge of the Sixth Judicial Court, which was at that time in actual session, presided over by its own Judge, and the order was improperly placed among the files of the Court. It pertained to no proceeding pending in the Court or before the presiding Judge thereof; and of course cannot be made the foundation of a proceeding for contempt in that Court.
Judgment reversed and cause remanded with an order to the Court below to dismiss the proceeding.