Wutchumna Water Co. v. Superior Court

This is a proceeding in certiorari to review a conviction of contempt imposing a fine of $500 on petitioner Wutehumna Water Company and a fine of $50 each on petitioners Heberling and Huff.

The judgment of contempt is based on petitioners’ violation of a preliminary injunction granted upon the application of plaintiffs in an action to restrain an alleged unlawful diversion of the waters of the Kaweah River by petitioners and others who were named as defendants in said action. It is petitioners’ contention that said injunction is void. No one may be punished for contempt for disobedience of a void order. (Harrison v. Hebbard, 101 Cal. 152 [ 35 Pac. 555 ] ; Maier v. Luce, 61 Cal. App. 552 [ 215 Pac. 399 ]; 14 Cal. Jur. 281; 5 Cal. Jur. 918.)

The judge who found petitioners guilty of contempt also heard the application for an injunction. He did not sign a written order therefor, but on May 20, 1929, the clerk, in pursuance of proceedings had at the hearing, entered in her minutes an order for the issuance of a preliminary injunction which on its face is complete and regular in all re.speets unless, as petitioners contend, an order for an injunction is required to be signed by a…