Smith v. Clothier

Citations

• 113 Kan. 47
• 213 P. 1071
• 1923 Kan. LEXIS 330

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Civil Contempt — Order of Trial Court — Appealable. In a proceeding for civil contempt the plaintiff may appeal from a judgment finding the defendants not guilty.</p> <p>2. Same — Procedure—How Conducted — Statute. The procedure for civil contempt is properly conducted in accordance with section 260 of the civil code (Gen. Stat. 1915, § 7158). Other matters of pleading discussed.</p> <p>3. Same. In a proceeding for civil contempt, when the charge is the violation of the final decree in an injunction suit, the merits of the original suit cannot be inquired into.</p> <p>4. Same — Acquiescence in Violation of Injunction — Proof Required to Establish Acquiescence. Acquiescence by plaintiff of the violation of an injunction in his favor, by defendants, to be available to defendants in a proceeding for contempt for such violation, must be established by clear and convincing evidence, and of such a nature that it would have defeated the granting of the injunction had it been available to defendants at the time the injunction was granted.</p> <p>5. Same — Demurrer to< Evidence Improperly Sustained. Evidence examined, and held, the demurrer to plaintiff’s evidence was improperly sustained.</p>