Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.

The principal question considered by the learned counsel for the respective parties upon the hearing of this appeal is not before us. Had the court below refused to hear, or had denied the application for process against the agents and servants of the defendant, for a violation of the injunction awarded by the final judgment in the action, on the ground of a want of power and not in the exercise of a judicial discretion, the decision would, I think, have been reviewable upon appeal to this court. By the appeal, with a stay of proceedings on the part of the plaintiff in execution of the…