State v. Lavery
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. This is a special proceeding for the punishment of an alleged contempt, said to have been committed by-John Lavery and Daniel Lavery in violating the terms of a certain decree.
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From Malheur: Morton D. Clifford, Judge. This is a special proceeding for the punishment of an alleged contempt, said to have been committed by-John Lavery and Daniel Lavery in violating the terms of a certain decree. The material facts are that, a suit having been commenced in the Circuit Court of Malheur County by the relator and others to enjoin the defendant, Daniel Lavery, from diverting the waters of Warm Spring Creek, in said county, issue was joined and testimony taken, from which the court on October 10, 1891, found, in substance, that the plaintiffs were the owners of certain…
1Opinion of the CourtChief Justice Moore
It is contended that the issues upon which the decree is predicated involved the right to appropriate the waters of Warm Spring Creek only, that the right to *80apply the waters of its tributaries to a beneficial purpose was not litigated, and that the decree, in so far as it pretends to restrain the defendants from appropriating any of the waters of Jerry or Bendier Creeks, is void, and hence they are not in contempt, as charged by the relator. Disobedience of any lawful judgment, decree, order, or process of the court is deemed to be a contempt of the authority of the court: Hill’s Ann. Laws,…
2Cases cited15 opinions
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- Low v. SchafferOregon Supreme Court · 1893
- People Ex Rel. Day v. . BergenNew York Court of Appeals · 1873
- State v. KaiserOregon Supreme Court · 1890
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
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3Cited by9 opinions
- Lyle v. HaskinsWashington Supreme Court · 1946
- State v. SieberOregon Supreme Court · 1907
- State ex rel. Lindsley v. GradyWashington Supreme Court · 1921
- People v. ShockleyIllinois Supreme Court · 1924
- Polygon Northwest Co. v. NSP Development, Inc.Court of Appeals of Oregon · 2004
4 more not listed; retrieve them via the Exa API.