Kettenhofen

— Petitioner Kettenhofen seeks to prohibit respondent superior court from punishing him for contempt for failure to comply with a preliminary injunction.

Brian and Edith Heath, real parties in interest, brought an action to establish an easement over a part of Kettenhofen’s land and to enjoin him from interfering with their use of the easement. On March 10, 1960, a preliminary injunction was granted by which Kettenhofen was ‘1 Ordered to remove the existing fence” along the boundary of his property and was restrained from using the easement for the storage or permanent parking of vehicles.

During the pendency of an appeal taken by Kettenhofen from the injunction order he was directed to show cause why he should not be punished for alleged wilful violation of the injunction. Hearings were held and the court found that “Kettenhofen wilfully failed and refused to comply with the provisions of the temporary injunction in that he continued to maintain the said fence and further continued the use of said easement for parking in the manner prohibited.”

*191 An appeal stays a mandatory but not a prohibitory injunction. This rule is clear, but whether a decree is one or the other may be…