Wells, Fargo & Co. v. Anthony

Citations

• 35 Cal. 696
• 1868 Cal. LEXIS 147

Syllabus

<p>Order Discharging Debtor from Imprisonment—How Appealable.—An order for the discharge from imprisonment of a judgment debtor, made under the provisions of the “Act for the relief of persons imprisoned on civil process,” (Stats. 1850, p. 40,) is a “special order made after final judgment,” within the meaning of the three hundred and thirty-sixth section of the Practice Act, and an appeal therefrom cannot be taken after sixty days from the entry of the order.</p> <p>Idem.—Such order is none the less a “ special order entered after final judgment,” because it was made by the Judge of another Court, who is authorized by law to take jurisdiction of such proceedings. In such case the acts of the Judge in that behalf are only ancillary to the jurisdiction of the Court which rendered the judgment, and the order entered by him is as much an order in the original action as if it had been made by the Court or Judge which tried the cause.</p>