Hedges v. Superior Court of Yuba County

California Supreme Court
Hedges v. Superior Court of Yuba County, 67 Cal. 405 (Cal. 1885)
7 P. 767; 1885 Cal. LEXIS 656
Myrick

Hedges v. Superior Court of Yuba County

Opinion of the Court

Myrick J.

Application for a writ prohibiting the respondent from proceeding in the matter of an alleged contempt committed by the petitioners. An injunction had been issued and served restraining a corporation, its officers, agents, superintendents, managers, servants, and employees. from the commission of certain acts. The affidavit on which the contempt proceedings were based did not in terms state that the petitioners herein were officers, agents, superintendents, managers, servants or employees of the corporation; but it did state that they had full knowledge of the issuance, service, and effect of the injunction, that they worked the mine of the corporation, and that they did the acts complained of in violation of the injunction *406and in contempt of the authority óf the court issuing it. We cannot presume, for the purposes of issuing the writ prayed for, that the petitioners went upon the ground of the corporation without its authority and committed a trespass, and worked its mine “with a high hand;” but, rather that they went in and worked the mine with the consent and approbation of the owner; that their operations were permitted if not approved and authorized. Tested by the rules of law as to a writ of prohibition, ■we think the affidavit sufficient.

Writ denied.

Morrison, C. J., McKee, J., and McKinstry, J., concurred.

Reference

Full Case Name
ALBERT HEDGES v. SUPERIOR COURT OF YUBA COUNTY
Cited By
4 cases
Status
Published
Syllabus
Contempt — Sueeiciencv op Affidavit — Violation op Injunction against Cobpobation—Pbohibition.—An affidavit in contempt proceedings for the violation of an injunction restraining a corporation, its officers, agents, superintendents, managers, servants, and employees, from the commission of certain acts, did not state that the persons complained of were officers or servants of the corporation; but it did state that they knew of the issuance, service, and effect of the injunction, and violated it in contempt of the authority of the court. Held, on an application for a writ prohibiting the respondent from proceeding in the matter, that the affidavit was sufficient.