Page v. Randall

Attendance upon any Court as a witness, juror, or party, only exempts the person so in attendance from arrest in a civil action, but not from obeying any ordinary process of a Court.

Certiorari to the Superior Court of the City of San Francisco. The defendants were summoned to appear and answer in the Court below touching their property, under proceedings supplementary to execution, on the application of Joseph Hetherington, the assignee of the judgment against them. The defendant, Andrew Randall, put in a sworn answer averring that he resided in Marin County, and was only in San Francisco to attend to certain cases before the U. S. Land Commission; in which he was interested, and praying that the proceedings be dismissed. Opposing affidavits of Hetherington, and of one of the proprietors of the hotel where Randall lived, averring that Randall had resided in San Francisco for over a year, were filed. Randall, on being required to answer by the Court concerning his property, refused to do so, whereupon he was adjudged guilty of a contempt and committed to the county jail until he should answer. An order of the Judge is endorsed on the writ, staying proceedings on the writ for two days, and authorizing the sheriff to allow Randall such privileges and courtesies as were consistent with his safe keeping. As appears by the return of the sheriff he allowed Randall his liberty on parol, which the latter forfeited, whereupon a mittimus issued to the sheriff of Sacramento county, who arrested Randall and delivered him to the sheriff of San Francisco county, who retained him in custody under the commitment, The defendant, Randall, obtained a writ of certiorari to this Court, upon which the proceedings are reviewed.