Byam v. Eddy
Supreme Court of Vermont
An injunction having been granted pursuant to the bilU filed ¡against .the defendant, the plaintiffs afterwards appeared in court, •.and moved for an attachment against him for a breach of the injunction. An order to show cause against the motion was thereupon issued and served upon the defendant; and his affidavit in answer thereto being filed, the matter came on to be heard upon affidavits and exhibits.
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An injunction having been granted pursuant to the bilU filed ¡against .the defendant, the plaintiffs afterwards appeared in court, •.and moved for an attachment against him for a breach of the injunction. An order to show cause against the motion was thereupon issued and served upon the defendant; and his affidavit in answer thereto being filed, the matter came on to be heard upon affidavits and exhibits. The facts, with the questions presented, will appear from the opinion delivered by the court.
1Opinion of the CourtPrentiss, J.
This is a motion for an attachment against the defendant, for contempt in violating the injunction granted against .him, September 22d, and served upon him, September 23d. The *667injunction, which it is proper to observe was granted virtually without any hearing on the part of the defendant, though upon notice and appearance, refers to the bill, and by the terms of reference was intended to be co-extensive with the bill, and must be so understood. We must, therefore, look to the bill to seethe extent of the injunction, what it forbids, and consequently what would be a disobedience of it.
The bill…
2Cited by1 opinion
- Byam v. EddyU.S. Circuit Court for the District of Vermont · 1853