State Ex Rel. McKinley Automotive, Inc. v. Oldham

This is a civil contempt proceeding in which defendant was found in contempt of court and sentenced for violating an order of the trial court enjoining defendant from engaging in certain activities. Defendant appeals.

There are two issues on appeal. Could the trial court hold the defendant in contempt for violating its order enjoining defendant even though defendant had duly perfected his appeal to this court from the suit in which the injunction was issued? Was the injunction prohibitory or mandatory in nature?

Briefly, the issues arose from the following facts. After trial in a suit to…