Ex Parte Rickert
Ex Parte Annie Kline Rickert, on Habeas Corpus
- Proceeding
- writ
- Trial court
- Superior Court of the City and County of San Francisco
- Trial judge
- James M. Trout
- Outcome
- other — The petitioner, Annie Kline Rickert, was the president of the Stockton and Tuolumne Railroad Company, a corporation and Robert S. Clarke was its secretary. In the case of Charles Erickson against that corporation, brought in the superior court of the city and county of San Francisco, Robert S.
- Area
- other
- Panel
- The Court (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This proceeding is akin to Ex parte Clarke, ante, p. 235, this day decided; but the alleged contempt of this petitioner, Mrs. Rickert, consisted in instructing Clarke not to produce in court certain books he had been ordered *Page 245 to produce, and in doing certain other acts to prevent the production of said books. These acts were not done by the petitioner "in the immediate view and presence of the court, or judge at chambers," and the warrant of commitment was not preceded by an affidavit showing the facts constituting the contempt, or by a citation or notice to show cause, as required by sections 1211 and 1212 of the Code of Civil Procedure. From this reason the petitioner must be discharged from custody — independent of the views upon which Clarke himself was discharged.
The petitioner is discharged from the custody of the sheriff.
Cited by
- Sturm v. Superior Court Civ. No. 25160 · 1961-01-23
- Briggs v. Superior Court Docket No. L.A. 12410. · 1931-02-25
- Lapique v. Superior Court Civ. No. 4752. · 1924-08-28