(DOWNLOAD) "State Ex Rel. Cook v. District Court Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Cook v. District Court Et Al.
- Author : Supreme Court of Montana
- Release Date : January 16, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Certiorari ? Contempt ? Injunctions ? Restraining Orders ? Jurisdiction ? Issuance Without Notice ? Attempt to Restrain Beyond Reasonable Time ? When Judgment of Contempt a Nullity. Temporary Restraining Order ? Insufficiency of Complaint ? When Immaterial. 1. Where the district court had jurisdiction of a cause in which it issued a temporary restraining order, the fact that the complaint upon which it was issued was insufficient would not render the order void for want of jurisdiction, the court having the power to decide the question wrong as well as right. Injunctions ? Divided into Three Classes. 2. Under the Montana law there are three classes of injunctions: a temporary restraining order, an injunction pendente lite, and a permanent injunction. Same ? Temporary Restraining Order ? Nature of Order. 3. A temporary restraining order is one designed to maintain conditions in status quo until a hearing can be had on notice to determine - Page 73 whether an injunction pendente lite should be issued; such an order may be issued without notice. Injunction Pendente Lite ? Purpose. 4. An injunction pendente lite affords restraint during the pendency of the action and until final determination of the cause. Injunction ? Notice. 5. Under section 9245, Revised Codes, no injunction order or restraining order shall be issued without notice unless it appears to the court that irreparable injury would result by the delay of giving notice. Temporary Restraining Order Without Notice ? Duty of Court. 6. Upon granting a temporary restraining order without notice it is the duty of the court to set the matter for hearing for an injunction pendente lite at a very early date, to the end that a temporary expedient may not in fact become an injunction. Injunction Pendente Lite ? When Court Without Jurisdiction in Absence of Notice. 7. While the district court has jurisdiction to grant a temporary restraining order to preserve conditions in status quo for a reasonable time until a hearing may be had on notice for an injunction pendente lite, it is without jurisdiction, in the absence of notice, to restrain pending suit, where the rights of the parties depend upon disputed title and ownership of the property in question. Contempt ? Temporary Restraining Order Beyond Reasonable Time Void for Want of Jurisdiction ? Contempt Committed Five Years After Making of Order ? Judgment a Nullity. 8. Where plaintiff in an action seeking restoration of real property petitioned for an injunction pendente lite, and the district court without notice or hearing granted the petition, the order, treated as a temporary restraining order, after the lapse of a reasonable time had spent its force, and to the extent that it attempted to restrain beyond a reasonable time it was void for want of jurisdiction; hence a judgment of contempt alleged to have been committed nearly five years after the order was made was a nullity. Same ? Certiorari ? Supreme Court will not Uphold Judgment of Contempt Where case in Which Injunction Order Made Should have Been Dismissed for Want of Prosecution. 9. The supreme court on application for writ of certiorari to review a judgment of contempt will not encourage inordinate delay in judicial proceedings, even where the trial court had jurisdiction to make an injunction order pendente lite, by giving vitality to such an order in a case which should have been dismissed on the courts own motion for want of prosecution, long before the alleged contempt.