Brown v. Moore

Citations

• 61 Cal. 432
• 1882 Cal. LEXIS 638

Syllabus

<p>Contempt—Jurisdiction—Garnishment.—In an action in the Superior Court against B., the .plaintiffs here, who held certain property of B., as constables under executions issued out of a Justice’s Court against him, were garnisheed and were ordered by .the Court to sell the property and pay the proceeds into Court; and, upon their refusal to do so, were attached for contempt.</p> <p>Held: Even if it be admitted that §§ 717 and 720, C. C. P., have any appli. cation to an officer holding property of a judgment debtor by virtue of legal process issued against him, neither of them confers on the Court the power to order such property sold, nor to direct that the proceeds of it be paid to the Clerk of the Court.</p> <p>Id.—Id.—No one can be punished for contempt for disobedience of avoid order.</p>