Ex parte McDonald
California Supreme Court
Ex parte McDonald, 2 Cal. Unrep. 853 (Cal. 1888)
17 P. 234; 1888 Cal. LEXIS 961
Ex parte McDonald
Opinion of the Court
The petitioner, being restrained of her liberty, sues out a writ of habeas corpus, praying to be discharged upon the ground that the judgment under which the proceedings were had which resulted in her imprisonment for contempt had been discharged by subsequent proceedings under the insolvent laws of this state. The superior court had jurisdiction to hear and determine this question, and, it would appear, did determine it adversely to the petitioner. If wrong in so doing, it is but error, and petitioner’s remedy, if any, is by appeal. The application is denied, and petitioner remanded to the custody of the sheriff of the city and county of San Francisco.
Reference
- Full Case Name
- Ex Parte McDONALD
- Status
- Published
- Syllabus
- Supplementary Proceedings — Contempt — Habeas Corpus.— Where, in proceedings supplementary to execution, defendant pleads a previous discharge in insolvency, and refuses to answer questions as to her property, and is committed for contempt, her remedy is by appeal, and not by habeas corpus.