Menuez v. Grimes Candy Co.
Menuez v. Grimes Candy Co.
Opinion of the Court
Counsel for the defendant suggests no mode for the enforcement of an injunction, other than a" proceeding in contempt against him who violates it. He proposes as elementary and as conclusive of the present case, that only the court which makes an order may punish the contempt which is implied in its violation. He admits no exception to this proposition unless the act which is a contempt is also an offense against the state, and so punishable by a court having jurisdiction of crimes and misdemeanors. We may concede that this view is taken in cases cited, and that it might be applicable here if ’the jurisdiction of the circuit court had been- invoked by a petition in error for a reversal of the judgment of the court of common pleas for error appearing upon its record. It is, however, too remote from the question here presented to be helpful in its determination. This was not a proceeding in error requiring a new petition to be filed in the circuit court and a summons issued to secure jurisdiction of the person of the defendant in error. It was an appeal with a view to a trial de novo; the steps necessary to perfect the appeal being taken in the original suit and requiring neither further pleadings nor process. When defendant perfected its appeal by giving the required notice and bond, the case by operation of law at once passed from the jurisdiction of the common pleas into that of the circuit court. A part of the case which so passed was the perpetual injunction from which the appeal was taken. Thereafter authority to suspend, modify or enforce the injunction was exclusively in the circuit court. All this is clearly
Judgment reversed and cause remanded to the circuit court for further proceedings.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.