Legal Opinion · Dissent

Hanley v. Most

Washington Supreme Court

Decided July 17, 1941No. 28159Published

1DissentBlake, J.

(dissenting) — While our own case of State ex rel. Union Machinery & Supply Co. v. Thompson, 99 Wash. 478, 169 Pac. 980, is not directly in point, it leans toward the minority rule as laid down in Elizabethtown, L. & B. S. R. Co. v. Ashland & C. St. R. Co., 94 Ky. 478, 22 S. W. 855, which is that, under no circumstances, will a party be permitted to retain an advantage gained in violation of the terms of an injunction. The only effective process for purging a contempt of an injunctive order is to restore the status quo as was done in State ex rel. Union Machinery & Supply Co. v. Thompson,…

2Cases cited2 opinions

  1. Elizabethtown, Railroad v. Ashland, Street Railway Co.Court of Appeals of Kentucky · 1893
  2. State ex rel. Union Machinery & Supply Co. v. ThompsonWashington Supreme Court · 1918

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