Wisconsin Central Railroad v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Appeal from an order discharging a rule to show cause why the respondent, Elbridge Smith, should not be punished as for a contempt for violating an injunctional order made in the action.
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APPEAL from tbe Circuit Court for Winnebago County. Appeal from an order discharging a rule to show cause why the respondent, Elbridge Smith, should not be punished as for a contempt for violating an injunctional order made in the action. The plaintiffs were constructing their railroad across the canal in the city of Menasha, and to that end were driving piles in the canal, when the city, and the other defendants acting under its authority, interfered and cut the piles which had been so driven, and forcibly prevented the plaintiffs from continuing the work. Thereupon the plaintiffs commenced…
1Opinion of the CourtLyon, J.
An injunction order duly issued by a court or judicial officer having jurisdiction to issue the same, no matter how improvidently or erroneously issued, must he obeyed by the person to whom it is directed. If improperly allowed, the remedy is by motion to vacate or dissolve it. If violated while it remains in force, such violation is a contempt, for which the guilty party may be punished. Hence, if the injunction of November 9th restrained the defendants from instituting judicial proceedings to enjoin the plaintiffs from driving piles in the canal and constructing their railroad across it,…
2Cited by6 opinions
- Terminal Railroad Ass'n v. United StatesSupreme Court of the United States · 1924
- Jensen v. StateWisconsin Supreme Court · 1884
- Dunn v. HarrisSupreme Court of Georgia · 1915
- State ex rel. Lederer v. Inter-National Investment Co.Wisconsin Supreme Court · 1894
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1908
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