Jaynes

The appellants in this case have asked this court to grant a su-persedeas pending their appeal from the judgment. Pending the appeal, the superior court undertook to punish appellants for contempt of court. The alleged contempt consisted of appellants’ continued use of a certain trade name in violation of the terms of an injunction embodied in the judgment from which the appeal was taken. Appellants filed a petition for a writ of prohibition, but this court, being of the opinion that supersedeas, rather than prohibition, is the writ applicable to the case, made an order to show cause why the writ of supersedeas should not issue.

The facts pertinent to the inquiry, as disclosed by the judgment-roll, briefly are these: For some time prior to the commencement of the action plaintiff, the respondent on the appeal, had conducted, under the trade name “The Active Transfer Company,” the business of transferring, for hire, baggage and luggage from place to place in the city of Los Angeles. The appealing defendants, that is, the defendants other than the telephone company, since some time prior to the action, have been engaged in a similar business in the same city, using in that business…