Paul
Paul v. Eggman
Opinion
Lead Opinion
McMurray, J.
This is an appeal from an injunction enjoining appellant from certain activities alleged to be in violation of sections 784 and 796.2 of the Agricultural Code of the State of California. The appeal is based on an agreed statement of facts which appears as follows:
On April 13, 1965, the plaintiff, Charles Paul, as Director of Agriculture of the State of California, brought this action for civil penalties and injunctive relief against the defendant, Garlan Eggman, for violating chapter 2, division 5, of the Agricultural Code of California, and particularly, sections 784 and 796.2 thereof. An order to show cause and a temporary restraining order were issued on April 13, 1965, and thereafter on April 20, 1965, a hearing on the order to show cause on the preliminary injunction was held. After hearing oral argument and considering the documents filed by the opposing parties, the court below ordered a preliminary injunction against defendant. This injunction was filed with the court and personally served on the defendant. A timely notice of appeal was filed in the superior court and the matter is now before this court.