172 A. 707 | Pa. | 1934
Argued March 21, 1934. Defendant appeals from the granting of a preliminary injunction by the lower court and from sentence for contempt of court for his refusal to heed its mandate. Both appeals will be disposed of in this opinion.
The facts are not in dispute. Harvey G. Bowers, plaintiff, was duly elected treasurer of Jefferson County, for the term of four years, commencing the first Monday of January, 1934, to succeed defendant Richard E. Reitz, who, by appointment, was filling an unexpired term ending on that date. A certificate of election was issued to Bowers. He took the oath of office January 5, 1934, and on January 9th filed the required bonds, which were duly approved. He then called upon defendant to turn over to him the office quarters provided by the county for use of the county treasurer, with their official *312 appurtenances, which defendant refused to do, claiming that, by reason of having failed to qualify for his office at the beginning of the term, plaintiff had forfeited his right to the office, and that, under the Act of June 9, 1931, P. L. 401, section 51,* it was his (appellant's) duty to continue to act as county treasurer until the first Monday of January, 1936. On plaintiff's motion, the court below issued a preliminary injunction, enjoining defendant "from exercising any and all acts as treasurer of Jefferson County" and commanding him to deliver to plaintiff possession of the office facilities provided by the county and the accompanying appurtenances. Upon service of the writ on defendant, he stated he would not comply with its requirements, and, in answer to a rule to show cause why he should not be adjudged guilty of contempt, he by his counsel reiterated, at a hearing held by the chancellor, that he did not intend to obey the order. Thereupon the court imposed a jail sentence, for contempt, of five days, refusing plaintiff's demand for a trial by jury. On allowance by this court of a supersedeas as to the order of attachment for contempt, defendant was released at the end of three days.
On appeal from a preliminary injunction, we will look only to see if there were reasonable grounds for the action of the court below, and will not discuss the merits of the case generally: Solar Electric Co. v. Brookville Boro.,
A perusal of the record fails to show any basis for appellant's complaints of technical inadequacy of the bill of complaint and the supporting affidavits, all of which sufficiently comply with our rules on this subject for the purposes of the present case. The indemnity bond also, filed in connection with the injunction and approved by the court below, appears to be adequate and according to statutory requirements.
Defendant was properly held in direct contempt of the court below in his refusal to obey the injunction. Despite his argument to the contrary, he would, by complying, have sacrified none of his legal rights: Scott v. Sheehan, supra. His contention that the court was without jurisdiction to issue an injunction and that, without jurisdiction, the decree was void and consequently he could not be adjudged in contempt, is based on a misapprehension of the meaning of the word "jurisdiction" in this connection. The court below had jurisdiction over the parties (Allegheny Bank's App.,
We believe, however, that in his refusal to obey the injunction, defendant was motivated by a genuine conviction that he was within his legal rights and was performing his duty, and it is our opinion he has been sufficiently punished. With this thought in mind, we modify the sentence of the court below in the decree herein entered.
We have not overlooked that quo warranto is the appropriate remedy, but in the circumstances disclosed by this record, we have concluded to affirm the decree in No. 83, March Term, as reaching a proper result: Williams's App.,
The decree granting a preliminary injunction (No. 83, March Term, 1934) is affirmed. The decree entered on the attachment for contempt is affirmed with the provision that, upon compliance with the commands of the injunction of the court below, the two days which remain to be served on the sentence imposed on defendant shall be remitted. Costs to be paid by appellant.