Ex parte Peaden

Supreme Court of Florida
Ex parte Peaden, 88 Fla. 273 (Fla. 1924)
102 So. 160; 1924 Fla. LEXIS 428
Terrell, West, Whitfield

Ex parte Peaden

Opinion of the Court

Per Curiam.

An application having been made for a rule to show cause why the Circuit Court should not be prohibited from taking testimony as to the truth of a sworn answer in a contempt proceeding specifically denying the alleged contempt, upon the ground that the denial under oath entitled the party to a discharge. It appears that the alleged contempt consists in the continued doing what lie was commanded not to- do by an injunction order issued by the Circuit Court as a, court of equity, therefore the application for a Writ of Prohibition is denied. See Gompers v. Bucks Stove & Range Co., 221 U. S. 418, text 442, 31 Sup. Ct. Rep. 492; 13 C. J. 75; 6 R. C. L. 534.

This case is wholly unlike Ex Parte Earman and Ex Parte Biggers, 85 -Fla. 293,322.

Writ denied.

Whitfield, P. J., and West and Terrell, J. J., concur.

Reference

Full Case Name
Ex Parte C. E. Peaden
Cited By
2 cases
Status
Published
Syllabus
A Writ of Prohibition will not be issued to prevent a circuit Court taking testimony as to the truth of denials under oath of the allegations in a contempt proceeding charging affirmative violation of an injunction order issued by a court of equity.