In re Barry

Citations

• 94 Cal. 562
• 29 P. 1109
• 1892 Cal. LEXIS 727

Syllabus

<p>Contempt—-Execution fob Fine — Motion to Quash — Judgment Annulled by Certiobabi. — Where one found guilty of contempt of court was sentenced to imprisonment, and at the end of the term to pay a fine, with the alternative of imprisonment at a certain rate per day, and the fine not having been paid, a second judgment was entered against him for the fine, directing that execution issue therefor, and the second judgment was afterward annulled by certiorari, the execution issued thereon necessarily fell with the judgment itself, and a motion to quash the writ should be granted.</p>