Chicago Typographical Union No. 16 v. A. R. Barnes & Co.
Appellate Court of Illinois
Injunctional proceeding. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1906. Statement by the Court.
Read the full summary
Injunctional proceeding. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1906. Statement by the Court. This is an appeal from a decree imposing upon appellant a fine of $1,000 for contempt of court in violating an injunction by which appellant, its officers and persons acting in combination with them were restrained from obstructing and interfering with appellees in the conduct of their business. The bill of complaint upon which the injunction issued, and the injunction order which the defendants…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
Appellant earnestly contends that “in the absence of any statutory provision to the contrary, a perfected appeal from a decree deprives the court appealed from, during the pendency of such appeal of power or jurisdiction to enter further orders or decrees in the case,” including the power to punish for violations of the injunction. In support of this contention the following cited from section 541 of Elliott on Appellate Procedure will serve to show the nature of the claim thus insisted upon. “The overwhelming weight of authority…
2Cases cited17 opinions
- In Re DebsSupreme Court of the United States · 1895
- Hovey v. McDonaldSupreme Court of the United States · 1883
- O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
- Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
12 more not listed; retrieve them via the Exa API.