Adams v. Haskell & Woods
Cases that cite this one
11 later published cases cite this decision.
- Steeves v. Second Judicial District Court Ex Rel. County of Washoe (Nev. 1939)
- Meaden v. W. J. Anderson Corp. (Ill. App. Ct. 1939)
- Egilbert v. Superior Court (Cal. Ct. App. 1907)
- Oahu Railway & Land Co. v. Armstrong (Haw. 1907)
- Lutz v. District Court of the First Judicial District (Nev. 1906)
- Poppers v. Poppers (Ill. App. Ct. 1905)
- In re Purvine (5th Cir. 1899)
- Ex parte Overend (Cal. 1898)
- Hawthorne v. State (Neb. 1895)
- Ex parte Wright (Ind. 1879)
- Adams v. Haskell (Cal. District Court 1857)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Mr. Justice Terry concurred.
In this ease, the Court exceeded its jurisdiction in ordering the party to be imprisoned until he paid into Court certain moneys, paid to him for fees, and disbursements made by him.
The affidavit of the party is uncontradicted, and shows that he has complied, as far as it is possible, with the order of the Court, and th§t it is not in his power to comply further. This is a sufficient expurgation, and the order directing his imprisonment was, under these circumstances, an excess of jurisdiction, and void.
While we admit, that Courts are the exclusive judges of their own contempts, still, by our statute, a party cannot be imprisoned for neglecting or refusing to perform an act, where it appears that it is not in his power to perform the same. See Lucas, Turner & Co. v. Allen, April T., 1855.
Order reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.