Munday v. Terrel
Munday v. Terrel
Opinion of the Court
delivered the opinion of the court.
Appellants, complainants below, are contractors and builders. Appellees are carpenters and members of certain labor unions which had ordered a strike against appellants because of their refusal to employ only union labor. Appellants’ bill of complaint averred that certain named persons, who were made defendants, had interfered with their business, trespassed on their property, and intimidated their employes, so that it was impossible for them to procure labor or satisfactorily, without undue delay, prosecute to completion their building contracts. An injunction was asked to prohibit and prevent all interference with their property, labor, or business. But the suit was instituted against the numerous defendants as individuals. All the members of the labor unions were not joined in the bill of complaint, nor were the persons made defendants proceeded against as members of any labor union or other organization. It is not averred that the defendants jointly conspired or mutually combined to commit the trespasses and injuries the perpetration or repetition of which was enjoined by the writ issued upon the filing of the bill. The labor unions, as organizations, were not made parties to the proceeding, nor was any process asked or issued against them.
Under such state of case, in the absence of a specific charge of conspiracy, the chancellor rightly dealt with each of the parties defendant as an individual, and decided upon the merits of the case against each defendant upon the testimony relating directly to him. A careful inspection of the record fails to satisfy us of the incorrectness of the conclusion of the chancellor in dissolv
The decree is affirmed.
Reference
- Full Case Name
- Curphey Munday v. Alexander Terrel
- Status
- Published
- Syllabus
- Injunction. Persons liable. Trade union. Trespasses. An injunction restraining defendants from trespassing upon complainants’ property will he dissolved as to a part of the defendants, sued only as individuals, and upon their motion, if it appear that they have not themselves been guilty of the trespass, in the absence of a charge that they were conspirators with others who have been guilty. •