U.S. ex rel. McIntosh v. Price
District Court, D. Alaska
This is a contempt proceeding against the defendants under chapter 58, pp. 271-274, Carter’s Alaska Code (Act June 6, 1900, c. 7S6, 31 Stat. 429). The evidence discloses that the defendants, Price and Tremper, brought an action in this court entitled Price v. McIntosh (No. 242) post, 286, and, in that action an injunction was issued November 28, 1900, forbidding the defendants therein from working or mining upon the ground in controversy, known as the “California Fraction,”…
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This is a contempt proceeding against the defendants under chapter 58, pp. 271-274, Carter’s Alaska Code (Act June 6, 1900, c. 7S6, 31 Stat. 429). The evidence discloses that the defendants, Price and Tremper, brought an action in this court entitled Price v. McIntosh (No. 242) post, 286, and, in that action an injunction was issued November 28, 1900, forbidding the defendants therein from working or mining upon the ground in controversy, known as the “California Fraction,” pending the final determination of the action. The plaintiffs, Price and Tremper, were required to give an injunction…
1Opinion of the Court
WICKFRSHAM, District Judge.
If the defendants are guilty of contempt, it is under the fifth subdivision of section 609, p. 271, of Carter’s Code (Act June 6, 1900, c. 786, 31 Stat. 429), for the alleged “disobedience of any lawful judgment, order, or process of court.” From the admitted facts in this case it appears that, after the court made its order and injunction of November 28, 1900, and also its order of August 7, 1901, the defendants in this proceeding, Price and Tremper, went upon the property in question, and worked the same, and extracted gold therefrom, and forcibly ousted and drove…
2Cited by1 opinion
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