In re Gannon
Citations
- 69 Cal. 541
- 11 P. 240
- 1886 Cal. LEXIS 684
Syllabus
<p>Grand Jury—Collateral Attack on Validity— Contempt. — The validity of a grand jury cannot be drawn in question in a proceeding of contempt to punish a person for refusing to testify before it.</p> <p>Id. — Jurisdiction. —A grand jury is part of the court by which it is convened, and the court has jurisdiction to adjudge a witness who defies the authority of the grand jury, by refusing to testify before it, guilty of contempt, and to punish him therefor.</p> <p>Id.—Term op Service.—A grand jury legally constituted may continue to act until dissolved by operation of law or an order of court.</p> <p>Id. -—Grand Jury op 1885. —The grand jury organized on the 14th of July, 1885, in the city and county of San Francisco, was not dissolved by operation of law during or at the expiration of that year, and was a valid body on the 26th of March, 1886, notwithstanding the names of grand jurors were selected and returned in January, 1886, for that year, from which a new grand jury might have been drawn. Section 241 of the Code of Civil Procedure prescribes no specific time for the drawing of the grand jury, or for its official existence. These matters have been left to the discretion of the court.</p> <p>Id.—Terms of Court.—The constitution of 1879 abolished the-system of terms and final adjournments under which judicial business was transacted by the former courts. The word “sessions,” as used in sections 73 and 74 of the Code of Civil Procedure, means the time during which the court is in fact held at the place appointed and engaged in business; and the word “recesses” means the times in which the court is not actually engaged in business. There is no division of time into certain periods of the year known as terms of court at which a court may sit to hear and determine causes.</p>
Judges: McKee, Myrick
Read full opinion on CourtListenerCited by
29 cases in this archive cite this case; the 20 most cited are listed.
- People v. KaramanCalifornia Supreme Court· 1992-12-21· cited 288×
- People v. ByrdCalifornia Supreme Court· 1954-02-04· cited 88×
- Chronicle Publishing Co. v. Superior CourtCalifornia Supreme Court· 1960-08-05· cited 80×
- In Re McKinneyCalifornia Supreme Court· 1968-12-20· cited 59×
- People v. SUPERIOR COURT (1973 GRAND JURY)California Supreme Court· 1975-01-29· cited 55×
- McClatchy Newspapers v. Superior CourtCalifornia Supreme Court· 1988-04-18· cited 46×
- Jones v. United StatesNinth Circuit· 1908-05-04· cited 44×
- People v. LeonardCalifornia Supreme Court· 1895-03-09· cited 30×
- Fitts v. Superior CourtCalifornia Supreme Court· 1935-10-29· cited 22×
- State Ex Rel. Adami v. Lewis & Clark CountyMontana Supreme Court· 1950-07-25· cited 13×
- Marcus v. Workmen's Compensation Appeals BoardCalifornia Court of Appeal· 1973-11-27· cited 13×
- Whitbeck v. Montana Central Railway Co.Montana Supreme Court· 1898-04-25· cited 12×
- Falltrick v. SullivanCalifornia Supreme Court· 1898-01-18· cited 10×
- People v. ReigelMichigan Supreme Court· 1899-04-25· cited 10×
- United States v. DietrichU.S. Circuit Court for the District of Nebraska· 1904-01-04· cited 10×
- State v. Superior Court in and for County of PimaCourt of Appeals of Arizona· 1966-12-05· cited 8×
- In Re BrunsCalifornia Court of Appeal· 1936-06-24· cited 7×
- City of Escondido v. Municipal CourtCalifornia Court of Appeal· 1967-08-22· cited 5×
- People ex rel. Whitman v. WoodwardAppellate Division of the Supreme Court of New York· 1912-04-04· cited 3×
- Kelly v. WilsonCalifornia Supreme Court· 1886-05-22· cited 3×
Cites
4 cases in this archive are cited by this case.
Other cases named In re Gannon
7 other CourtListener records share this case name.
- In Re GannonE.D. Pennsylvania· 1928-07-10· cited 22×
- In Re GannonNew Jersey Superior Court App Division· 1973-02-23· cited 9×
- In Re GannonCalifornia Court of Appeal· 1972-07-13· cited 5×
- In re GannonNew York Surrogate's Court· 1911-08-15· cited 3×
- In re GannonS.D. New York· 1938-01-19· cited 1×
- In re GannonS.D. New York· 1917-04-19· cited 1×
- In re GannonD. Maine· 1921-10-24
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.