Johnson v. Bouton

Maxwell, Ch. J.,

dissenting.

I am unable to agree to the majority opinion for the following reasons: The proof clearly shows that the action was pending in the district court and that the district judge was absent .from the county, and-that the order of the county judge granting an injunction was .valid. The sole question presented is, Has the county judge authority to punish for the willful violation of an injunction granted by himself?

Section 252 of the Code provides: “The injunction may be granted at the time of commencing the action, or at any time afterward, before judgment, by the supreme…