State v. Porter
Supreme Court of Kansas
Appeal from Montgomery district court; Thomas J. Flannelly, judge. statement. On December 16, 1904, in a suit then pending in the district court of Montgomery county in which the state of Kansas, on the relation of Anna F. Fruits, was plaintiff, and John Hebrank, Fay Lovejoy, Ed Heck-man and Harry Robinson were defendants, a judgment was rendered perpetually enjoining the defendants, “their agents, employees, successors and assigns, and all persons associating, combining and…
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Appeal from Montgomery district court; Thomas J. Flannelly, judge. statement. On December 16, 1904, in a suit then pending in the district court of Montgomery county in which the state of Kansas, on the relation of Anna F. Fruits, was plaintiff, and John Hebrank, Fay Lovejoy, Ed Heck-man and Harry Robinson were defendants, a judgment was rendered perpetually enjoining the defendants, “their agents, employees, successors and assigns, and all persons associating, combining and conspiring with them, and all other persons whomsoever,” from keeping and maintaining a nuisance in a certain brick and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The principal contentions of the appellants have been decided adversely to them in this court: The proceeding to punish for a violation of the order of injunction is a part of the injunction suit and not another independent action; the accusation need not possess the formalities of an indictment or information; the court will take judicial notice of the order of injunction. (The State v. Thomas, 74 Kan. 360, 86 Pac. 499; The State v. Forner, 75 Kan. 836, 89 Pac. 674.)
It is hardly necessary to say that in the exercise of a jurisdiction…
2Cases cited6 opinions
- State v. ThomasSupreme Court of Kansas · 1906
- Noftzger v. MoffettSupreme Court of Kansas · 1901
- Silvers v. TraverseSupreme Court of Iowa · 1891
- Bentley, Hatfield & Bentley v. BrownSupreme Court of Kansas · 1887
- State v. FornerSupreme Court of Kansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Elliott v. Crystal Springs Oil Co.Supreme Court of Kansas · 1920
- Schwartz v. United StatesCourt of Appeals for the Fourth Circuit · 1914
- Haaren v. MouldSupreme Court of Iowa · 1909
- Lyle v. HaskinsWashington Supreme Court · 1946
- Lackaff v. BogueNebraska Supreme Court · 1954
14 more not listed; retrieve them via the Exa API.