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76 Cal. 543

In re Foote

California Supreme Court

Decided June 12, 1888

California Supreme Court · decided 1888-06-12

The petitioner, W. W. Foote, is an attorney at law who was held by the sheriff of Alameda County under commitment for contempt of the superior court of that county, by virtue of a judgment of said court entered May 31, 1888, for a contempt therein, alleged to have been committed on the eleventh day of April preceding, in interrupting the due course of a trial by disorderly, contemptuous, and insolent behavior toward the judge of said court.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-06-12

How this case has been cited

Cited by 10 later decisions — most recently June 1994

10 state decisions

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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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The Court.

¶1Admitting that petitioner was guilty of contempt committed in the presence of the court, it appears that no proceedings were taken by the court, at the time , the contempt was committed, to punish the petitioner, nor were any steps taken to retain jurisdiction, until fifty days thereafter, when the order adjudging him guilty of contempt, and imposing a fine of three hundred dollars, was made, without notice of any kind. Under these circumstances we think the court lost jurisdiction to proceed against petitioner for contempt, and that the order and commitment are void.

¶2Let the petitioner be discharged.

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