Merced Mining Co. v. Fremont
California Supreme Court
Application for mandamus to the Judge of the Thirteenth Judicial District. While the proceedings in this case were pending in the Court below, the plaintiffs obtained an order granting’an injunction, which was accordingly issued. From this order the defendants appealed to this Court, and gave an undertaking for three hundred dollars. After the appeal was taken, the defendants continued the alleged acts of trespass enjoined by the writ.
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Application for mandamus to the Judge of the Thirteenth Judicial District. While the proceedings in this case were pending in the Court below, the plaintiffs obtained an order granting’an injunction, which was accordingly issued. From this order the defendants appealed to this Court, and gave an undertaking for three hundred dollars. After the appeal was taken, the defendants continued the alleged acts of trespass enjoined by the writ. The plaintiffs applied to the Judge of the District Court for an attachment against defendants for a contempt of Court, in disregarding the injunction. The…
1Opinion of the CourtBurnett, J.
On the hearing of this motion, the plaintiffs’ counsel made these six points:
“ First, that the stay of proceedings granted or effected by an appeal is only, as to further proceedings, working a change in the relative positions of the parties, and the property affected by the action after appeal taken. Second, that the appeal is taken only from the order granting the injunction, and not from the injunction itself, which remains in force until dissolved by the Appellate Court. Third, that if an appeal acts as a supersedeas to the injunction, the injunction, as a remedy, is in effect abolished.…
2Cases cited1 opinion
- Russell v. ElliottCalifornia Supreme Court · 1852
3Cited by55 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- Matter of FordCalifornia Supreme Court · 1911
- Wood v. StrotherCalifornia Supreme Court · 1888
- Hicks v. MichaelCalifornia Supreme Court · 1860
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