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190 Cal. 201

211 P 225

Tripp v. Tripp

California Supreme Court

Decided December 15, 1922

California Supreme Court · decided 1922-12-15

Relies on Gale v. Tuolumne County Water Co. · People v. Latimer

Good law ✅— No negative treatment on recordhow we know

Decided 1922-12-15

How this case has been cited

Cited by 26 later decisions — most recently April 2016 · most notably 2 Cal. 3d 29 - Gion v. City of Santa Cruz (1970), 22 Cal. 2d 256 - Phillips v. Superior Court of Kern Cty. (1943)

26 state decisions

1101922193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WASTE, J.

¶1 The defendant has attempted to appeal from an order adjudging him guilty of contempt of court in refusing to make certain payments alleged to be due under the terms of a final decree of divorce.

¶2 The law does not authorize an appeal in such matters. It is expressly provided in section 1222 of the Code of Civil Procedure that “the judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.” It is only when an order so made is in excess of the jurisdiction of the court making it that it may be annulled on certiorari. (People v. Latimer, 160 Cal. 716, 720 [117 Pac. 1051].)

¶3 If it be contended that the order adjudging defendant guilty of contempt was one made after final judgment, from which an appeal may ordinarily be taken under section 963 of the Code of Civil Procedure, it is now settled that this provision is general in character, and is controlled by the special law contained in section 1222 of the Code of Civil Procedure, which makes a judgment of contempt final and conclusive, and, therefore, nonappealable. (Gale v. Tuolumne Water Co., 169 Cal. 46, 51 [145 Pac. 532].)

¶4 The appeal is dismissed.

¶5 Sloane, J., Shurtleff, J., Lennon, J., Wilbur, J., Shaw, C. J., and Lawlor, J., concurred.

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