Merced Mining Co. v. Fremont

The defendant, E. S. Beard, has been brought before me charged with being in contempt for violating the order of injunction heretofore issued in this cause.

The injunction order was issued on an ex parte showing, at the city of Sacramento. Application was then made by the defendants to have the injunction “ vacated or modified.” This motion was made at San Francisco, without notice to the plaintiff; and it appearing that an appeal had been taken from the order granting the injunction, and that an undertaking in the sum of ten thousand dollars, with good and sufficient sureties, had been filed, in addition to the three hundred dollar undertaking in the appeal; and it appearing further that the interests of the defendants might suffer great detriment before they could obtain such relief as they might be entitled to in any other way, I authorized the defendants to regard the injunction as superseded until the matter was determined by the Supreme Court.

I regard the ten thousand dollar undertaking as ample indemnity to the plaintiff for all damages which may accrue to him in consequence of the modification of the injunction pending the appeal.

The main question is, can a judge…