Palmer v. Central Board of Education

Citations

• 40 Pa. Super. 203
• 1909 Pa. Super. LEXIS 590

Syllabus

<p>Equity — Contempt—Injunction—Parties—Discretion of, court.</p> <p>1. Where an injunction has been issued against a board of education, a corporation, a sole defendant in an equity suit, and a majority of such board with full knowledge of the decree vote to disobey it, each member of such majority may be punished for contempt, and they cannot urge against an order of contempt that the courts could not interfere with their quasi judicial discretion as public officers, so long as the injunction order had not been rescinded or modified.</p> <p>2. An appellate court does not review an order of contempt on its merits. ■ Every fact found by the lower court on a proceeding for contempt is to be taken as true, if it appears that the court proceeded within and did not exceed its jurisdiction; but for the purpose of seeing its jurisdiction has not been transcended, and that its proceedings, as they appear of record, have been according to law, the appellate court possesses, and is bound to exercise, supervisory power.</p>