Wilber v. Woolley
Nebraska Supreme Court
Error from the district court of Antelope county. Tried, below before Allen, J. An attempt to prevent an election by injunction amounts to nothing. Parties are not guilty of contempt for refusing to obey such an injunction. (2 High, Injunctions [2d ed.], 1286; Guebelle v. Epley, 28 Pac. Rep. [Col.], 89;-Smith v. McCarthy, 56 Pa.
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Error from the district court of Antelope county. Tried, below before Allen, J. An attempt to prevent an election by injunction amounts to nothing. Parties are not guilty of contempt for refusing to obey such an injunction. (2 High, Injunctions [2d ed.], 1286; Guebelle v. Epley, 28 Pac. Rep. [Col.], 89;-Smith v. McCarthy, 56 Pa. St., 361; Walton v. Reveling^ 61 111., 201; Rarst v. State, 62 111., 306; Richey v. Reed„ 78 111., 262; Harris v. Schryoch, 82 111., 119.) Where a court acts without jurisdiction of the subject-matter, as in attempting to’ prevent a person from doing a lawful act, its…
1Opinion of the CourtNorval, C. J.
This is a petition in error to review an order made by the district court by which the plaintiffs in error were adjudged to be in contempt of court for violating an order of injunction. It appears from the record that at a special election held in school district No. 19, of Antelope county, on the 28th day of March, 1892> for the purpose of changing the location of the school-house site, a majority of the ■qualified voters present voted in favor of such removal. On May 31 William G. Woolley, a resident elector and taxpayer of the district, instituted an action in the district ■court of the…
2Cases cited2 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Johnson v. BoutonNebraska Supreme Court · 1892
3Cited by5 opinions
- Petersburg School District v. PetersonNorth Dakota Supreme Court · 1905
- Miles v. StateNebraska Supreme Court · 1905
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1898
- State ex rel. Beil v. DotaOhio Supreme Court · 1958
- State ex rel. McClellan v. HinkleIndiana Supreme Court · 1954