Hill

Hill v. Superior Court

Good Law
1913 Cal. App. LEXIS 292·21 Cal. App. 424·131 P. 1061
Court of Appeal of CaliforniaMarch 8, 1913Civ. No. 1322.California635 words

Opinion

lead Opinion

Application for an alternative writ of prohibition. The proceeding grows out of an action brought in the superior court of Los Angeles County wherein W. C. McEvilly was plaintiff and J. J. Haggarty, Frank C. Hill, and James C. Haggarty were defendants, in which said defendants, individually and as officers, directors, and stockholders of the Paris Cloak, Suit and Millinery House, a corporation, were enjoined from “obstructing, impeding, or preventing in any way the carrying on of the business of said corporation under the management of said W. C. McEvilly.” After the issuing of said injunction petitioners were cited to appear in court and show cause why they should not be adjudged guilty of contempt for violating said injunction.

The contention of petitioners is that in making the order granting the injunction upon which the proceedings for contempt are based the court exceeded its jurisdiction, in that the effect of the injunction was to take from its board of directors the corporate power vested in it by law. The real purpose sought by petitioners in making this application is to obtain a review of the action of the lower court in granting the injunction. In our opinion,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.