MacWatters v. Stockslager
Idaho Supreme Court
APPLICATION for Writ of Review. Order of defendant adjudging plaintiff guilty of contempt of court and fixing his punishment therefor.
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APPLICATION for Writ of Review. Order of defendant adjudging plaintiff guilty of contempt of court and fixing his punishment therefor. A mandatory injunction cannot be issued under the guise of a restraining order under sec. 4292, Rev. Codes, which is intended only for preserving the status quo of the situation until the parties can be heard. {Ex parte Grimes, 20 Old. 446, 94 Pac. 668; 22 Cyc. 745; San Diego Water Go. v. Pacific Coast Steamship Co., 101 Cal. 216, 35 Pac. 651; Neumann v. Moretti, 146 Cal. 31, 79 Pac. 512; State v. Lichtenberg,. 4 Wash. 407, 30 Pae. 716.) The order of Aug. 6th,…
1Opinion of the CourtMorgan, J.
The plaintiff in this case was adjudged guilty of contempt of court by the above-named defendant for the violation of an order issued in a case wherein A. E. Caldwell was plaintiff and the Twin Falls-Salmon River Land & Water Company, hereinafter referred to as the company, was defendant, in which a mandatory injunction was sought requiring the company to deliver water from its irrigation system for the irrigation of lands belonging to Caldwell.
The defendant in this case, upon examining the verified complaint and certain affidavits exhibited to him, and being satisfied therefrom that Caldwell…
2Cases cited6 opinions
- Price v. GriceIdaho Supreme Court · 1904
- Ex parte BrownCalifornia Supreme Court · 1892
- McCracken v. HarrisCalifornia Supreme Court · 1879
- State ex rel. Johnston v. District CourtMontana Supreme Court · 1898
- Brown v. MooreCalifornia Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. La FolletteOregon Supreme Court · 1921
- McDonald v. McDonaldIdaho Supreme Court · 1934
- Rowland v. Kellogg Power & Water Co.Idaho Supreme Court · 1925
- State v. McNicholsIdaho Supreme Court · 1941
- Barnett v. ReedIdaho Supreme Court · 1969
11 more not listed; retrieve them via the Exa API.