Legal Opinion

Vilter Manufacturing Co. v. Humphrey

Wisconsin Supreme Court

Decided September 24, 1907PublishedCited by 20 opinions

Aeebal from an. order of the circuit court for- Milwaukee ■ county: James J. .Dice, Judge. Tbis is an appeal from an order denying a motion to punish the respondent for contempt of court in violating an in-junctional order. The action was in equity to enjoin strikers, and labor unions from'interfering with the plaintiff’s business.

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Aeebal from an. order of the circuit court for- Milwaukee ■ county: James J. .Dice, Judge. Tbis is an appeal from an order denying a motion to punish the respondent for contempt of court in violating an in-junctional order. The action was in equity to enjoin strikers, and labor unions from'interfering with the plaintiff’s business. The action was brought against certain unincorporated lodges of the Iron Moulders’ Union, as well as against certain individuals, including the respondent, alleged to be members of such unions. The plaintiff is a manufacturing corporation located at Milwaukee…

1Opinion of the CourtWiNsnow, J.

It is very plain by the terms of the order to show cause that this is a proceeding seeking to punish a party to an action, under subd. 3, sec. 3477, Stats. (1898), for disobedience of a lawful order of the court. Such a pro-needing is brought for the primary purpose of protecting the rights' of the opposite party, and is a civil proceeding. Where .it is desired to punish an act as a criminal contempt, the proceeding should be brought in the name of the state, under sec. 2565 ei seq., Stats. (1898). This was clearly pointed out in Emerson v. Huss, 127 Wis. 215, 106 N. W. 518. The latter…

2Cases cited1 opinion

  1. Emerson v. HussWisconsin Supreme Court · 1906

3Cited by20 opinions

  1. John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
  2. In Re EskayCourt of Appeals for the Third Circuit · 1941
  3. State ex rel. Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1909
  4. Masonite Corp. v. International WoodworkersMississippi Supreme Court · 1968
  5. Smith v. ClothierSupreme Court of Kansas · 1923

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