Vanzandt v. Argentine Min. Co.
U.S. Circuit Court for the District of Colorado
In Equity. Prosecution for contempt in violating an injunction. The bill alleged plaintiff’s ownership of a certain silver mine in Colorado, then in the possession of the defendant; and upon his application a preliminary injunction was granted, restraining defendant from . mining or disposing of any ore pending the suit. Afterwards plaintiff ejected the defendant, and himself took possession of the mine.
Read the full summary
In Equity. Prosecution for contempt in violating an injunction. The bill alleged plaintiff’s ownership of a certain silver mine in Colorado, then in the possession of the defendant; and upon his application a preliminary injunction was granted, restraining defendant from . mining or disposing of any ore pending the suit. Afterwards plaintiff ejected the defendant, and himself took possession of the mine. Upon application by defendant, and proof of this fact, an order was made, requiring plaintiff to restore possession, and to abstain from further interference therewith pending the suit.…
1Opinion of the CourtMcCrary, J.
1. A proceeding for contempt is in the nature of a criminal proceeding, and to be governed by the strict rules of construction which prevail in criminal.cases. Its purpose is not to afford a remedy to the party complaining, and who may have been injured by the acts complained of. Thai remedy must be sought in another way. Its purpose is to vindicate the authority and dignity of the court. Haight v. Lucia, 36 Wis. 355.
2. We cannot hold that the complainant has subjected himself to this summary criminal proceeding by taking ore from the mine in dispute. Strictly speaking, the writ of injunction…
2Cases cited1 opinion
- Haight v. LuciaWisconsin Supreme Court · 1874
3Cited by8 opinions
- In re ReeseCourt of Appeals for the Eighth Circuit · 1901
- Lawrence v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1929
- In re ReeseU.S. Circuit Court for the District of Kansas · 1900
- Silver Peak Mines v. HanchettU.S. Circuit Court for the District of Nevada · 1899
- Ringling v. MahurinMontana Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.