People v. Diedrich

Citations

• 141 Ill. 665
• 30 N.E. 1038

Syllabus

<p>1. Contempt—violation of injunction—right to complain. On. bill for an injunction to restrain the defendants from manufacturing, selling or advertising a certain patent furnace, a compromise was had, by which the injunction was to be granted, but the agreement gave D. & H. the exclusive right to manufacture, sell, etc., such furnace in this State, and the injunction was entered accordingly. Under the agreement D. & H. continued the business for some years, when D. turned the business over to a new company, of which he was the principal, and continued to manufacture and sell as before, the proof failing to show that the manufacture, selling and advertising of the furnaces by D., under the name of the new company, injured complainants any more than it would if done by D. & H. The complainants sought to have D. punished as for contempt of the order of the court: Held, that as the complainants had no right to carry on such business in this State they had no right to complain of D.’s acts.</p> <p>2. In a proceeding to punish a party for the breach of an injunction, the party complaining must not only show a breach, but he must also show that he has in some way been injured thereby.</p> <p>3. Same—prosecution therefor—whether civil or criminal. Prosecutions for contempt are of two kinds. When instituted for the purpose of punishing a person for misconduct in the presence of the court, or with respect to its authority or dignity, the proceeding is criminal in its nature; but when for the purpose of affording relief between the parties to a cause in chancery, it is civil,—sometimes called remedial. Though sometimes entitled in the name of the People ex rel., etc., the proceeding may properly be in the names of the parties to the original bill.</p> <p>4. Sam—appeal from order fining or discharging defendant. Where a proceeding for a contempt is for the purpose of relief between the parties to a bill in chancery, an appeal will lie from the order of the court, either in im