Legal Opinion

Canavan v. Canavan

New Mexico Supreme Court

Decided February 23, 1914No. 1562PublishedCited by 8 opinions

Error to the District Court of McKinley County; Herbert F. Raynolds, District Judge; The order adjudging Canavan in contempt was made after final decree and after the restraining order had ceased to be effective. It not being carried forward by the final decree. Gardner v. Gardner, 87 N. Y. 14; People, ex rel. Morris, v. Randall, 73 N. Y. 416; State against Bruce, et al., 45 S. E. 153; Sweeney v. Hanley, 126 Fed. 197; 10 Enc.

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Error to the District Court of McKinley County; Herbert F. Raynolds, District Judge; The order adjudging Canavan in contempt was made after final decree and after the restraining order had ceased to be effective. It not being carried forward by the final decree. Gardner v. Gardner, 87 N. Y. 14; People, ex rel. Morris, v. Randall, 73 N. Y. 416; State against Bruce, et al., 45 S. E. 153; Sweeney v. Hanley, 126 Fed. 197; 10 Enc. PI. & Pr. 1029; Beach on Injunction, sec. 109; Gompers v. Buck Stove & Range Co., 221' II. S. 446,, 55 L. Ed. 809. Upon the entry of the final decree the temporary…

1Opinion of the Court

OPINION OF THE COURT.

PARKER, J.

This is an appeal from a judgment in a contempt proceeding. The appellant has been before the Court on two former occasions. See Ex Parte Canavan,. 130 Pac. 248, and. Canavan v. Canavan, 131 Pac. 493. The facts sufficiently appear in those cases, and will not be here repeated. The first case was a habeas corpus proceeding upon a partial and imperfect record. It did not appear from the record in that case that the Court was without jurisdiction, and we held that habeas corpus was not a proper remedy. In the second case, we refused to review the judgment in the…

2Cases cited5 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. Canavan v. CanavanNew Mexico Supreme Court · 1913
  3. Sweeney v. HanleyCourt of Appeals for the Ninth Circuit · 1903
  4. Gardner v. . GardnerNew York Court of Appeals · 1882
  5. In re CanavanNew Mexico Supreme Court · 1912

3Cited by8 opinions

  1. State Ex Rel. Department of Human Services v. RaelNew Mexico Supreme Court · 1982
  2. Jacksonville Paper Co. v. TobinCourt of Appeals for the Fifth Circuit · 1953
  3. New Jersey Zinc Co. v. Local 890 of International Union of Mine, Mill & Smelter WorkersNew Mexico Supreme Court · 1952
  4. Warder v. ShufeldtNew Mexico Supreme Court · 1936
  5. Childs v. Ball Bros. Trucking Co., IncCourt of Appeals for the Fifth Circuit · 1951

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