Ortman v. Dixon
California Supreme Court
Mandamus. This was an application to this Court for a writ of mandamus against William T. Barbour, Judge of the Tenth Judicial District, to compel him as such Judge, to issue his writ of attachment against the defendants, for contempt in disobeying an injunction issued by said District Court. This is an agreed case.
1Opinion of the CourtBurnett, J.
Application for mandamus to the Judge of the Tuba District Court.
This was a chancery suit, in which a decree was rendered for plaintiffs, perpetually enjoining the defendants from diverting the waters of Mill Creek. Pending a motion for a new trial, the defendants violated the injunction, and plaintiffs applied for an attachment against them for contempt of Court, which was refused upon the ground that the pending of the motion operated as a suspension of the injunction.
We think that this was error. Let a peremptory mandamus issue.
2Cited by8 opinions
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- Hennessy v. Superior CourtCalifornia Supreme Court · 1924
- Crocker v. ConreyCalifornia Supreme Court · 1903
- Heinlen v. CrossCalifornia Supreme Court · 1883
- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
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