State ex rel. Bender v. Johnston

Citations

• 78 Kan. 615
• 97 P. 790
• 1908 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Words and Phrases — “Temporary Injunction” — “Restraining Order.” While often used synonymously, the terms “temporary injunction” and “restraining order” are properly distinguished as follow: A restraining order is effective only until an application for an injunction shall be heard; a temporary injunction is a restraining order effective until the trial of the action in which it is issued. The effect, and not the name by which an order may be called, determines to which of the classes it properly belongs.</p> <p>2. -' Same. An order by a probate judge, made in the absence of the district judge from the county and in an action pending or being commenced in the district court, which order is by its terms operative until the district court or the judge thereof shall act in the matter, is a restraining order and not a temporary injunction.</p> <p>3. Constitutional Law — Right to a Jury Trial — Indirect Contempt. Chapter 123 of the Laws of 1901 (Gen. Stat. 1901, §§ 1982, 1983, 1985) is valid, and the defendant on trial for an indirect contempt is not of right entitled to a jury trial.</p>