Legal Opinion

People ex rel. Darby v. District Court

Supreme Court of Colorado

Decided January 15, 1894PublishedCited by 6 opinions

Original Application for a Writ of Oertiórari and Prohibition. Petitioner was adjudged guilty of contempt in the court below and sentenced to pay a fine of $25.00, and costs, and to stand committed until the same should be fully paid. After-wards the execution of this sentence was stayed for a brief period, and this application presented.

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Original Application for a Writ of Oertiórari and Prohibition. Petitioner was adjudged guilty of contempt in the court below and sentenced to pay a fine of $25.00, and costs, and to stand committed until the same should be fully paid. After-wards the execution of this sentence was stayed for a brief period, and this application presented. The contempt for which judgment was entered consisted in the alleged violation of certain writs of injunction issued in actions then pending. This proceeding was instituted by the filing of an affidavit as follows : “ The People etc. v. Thomas L. Darby and -…

1Opinion of the CourtChief Justice Hayt

Did the district court exceed its jurisdiction in the contempt proceedings? This is the only question presented for *346consideration upon this application. Undoubtedly that court had jurisdiction of the adverse proceedings in which the writs of injunction were issued, and the court being one of general jurisdiction we must assume in this proceeding that the injunctions were in all respects regularly and properly issued, nothing to the contrary appearing.

The injunctions restrained the plaintiffs, “ their agents and employees and all persons acting for them and all persons claiming under any…

2Cases cited1 opinion

  1. Hunt v. Eureka Gulch Mining Co.Supreme Court of Colorado · 1890

3Cited by6 opinions

  1. People ex rel. Smith v. District Court of Second Judicial DistrictSupreme Court of Colorado · 1895
  2. Brooks v. United StatesCourt of Appeals for the Ninth Circuit · 1941
  3. Lucy v. AdamsDistrict Court, N.D. Alabama · 1963
  4. Shore v. PeopleSupreme Court of Colorado · 1899
  5. People v. District Court of the Sixth Judicial DistrictSupreme Court of Colorado · 1913

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