137 Iowa 146 | Iowa | 1908
Complainant conteiids that the trial court was without jurisdiction of the contempt proceedings, and acted illegally in adjudging him guilty of contempt for the reasons (a) that no ease for contempt was ever docketed or tried; (b) that the evidence upon which the court acted was not taken in writing, filed and'preserved as provided by law; and (c) that there was no testimony in the case showing a violation of the injunctional order.
The separate docketing of the cases was only required for purposes of identification of the papers and proceedings, but the facts may be shown by the return made to the writ by the respondent. In Manderscheid v. Dist. Court, 69 Iowa, 240, it is expressly held that there is no occasion for docketing a separate contempt case against one charged with the violation of an injunctional order. It was against judicial authority, exercised in the original injunction case, that the alleged acts of contempt were committed, and there was no real occasion for docketing a separate case in the name of the State. Jordan v. Circuit Court, 69 Iowa, 177. We think the shorthand notes were properly filed and preserved, and that these constituted the written evidence referred to in the statute quoted. Of course, in order to be available to any one aside from those who can read shorthand, they had to be transcribed; This it seems was done in ample time for submission of the matter to this court, and the translation was properly filed, although in the case entitled Plummer v. Hatlestad et al., being the original action for the injunction. But it is argued that as complainant made and filed the translation himself the rule above announced does not apply. This, however, cannot be true. There is no necessity for two copies of the translation, when one alone will suffice, and it is immaterial for present purposes as to who secures the translation. State v. District Court, 133 Iowa, 450, and other like cases relied upon by complainant are not in point, for in none of them were either the shorthand notes or a translation thereof filed within proper time, and in one the contempt proceedings were entirely distinct from the main case. What is said in State v. Dist. Court, supra, supports our conclusion in this case.