Solano Aquatic Club v. Superior Court

Good Law
165 Cal. 278·1913 Cal. LEXIS 416·131 P. 874
Supreme Court of CaliforniaApril 4, 1913S.F. No. 6334.California413 words

Opinion

Lead Opinion

Henshaw, J.

Certiorari to review three several orders of the superior court of the county of Solano, adjudicating petitioner, the Solano Aquatic Club, to be in contempt for continuing to operate its ferry service upon three separate days, after notice that a temporary restraining order prohibiting it from so doing had theretofore been issued from the court.

The violation of the temporary injunction is not questioned. The principal contention is that the restraining order itself is void. The reasons advanced are those which have been considered and decided adversely to petitioner’s contention in the case of Vallejo Ferry Company v. Solano Aquatic Club (Sac. No. 2054, this day decided), ante, p. 255, [ 131 Pac. 864 ].

The only other proposition which merits consideration is the contention of petitioner that though its acts were continuous and covered violations upon separate days, the court had the power to punish only for a single contempt. Manifestly, if such be the law, the petitioner here could suffer punishment for one act and then be free to operate its ferry not only until final determination on the appeal from the order granting the temporary injunction, but until final determination…

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