28 N.Y.S. 981 | N.Y. Sup. Ct. | 1894
If the supreme court had jurisdiction of the subject-matter of the action brought against the appellants, and if Justice Barnard had jurisdiction to grant the preliminary injunction, for disobeying or resisting which the appellants have been convicted, that order must be treated as a valid and binding order of the court, and, as such, was to be obeyed, until it was revoked by
The question whether the complaint contained facts calling for the equitable interference of the court, or, in other words, whether it set forth a valid cause of action in the plaintiff, did not arise upon the application to punish for a criminal contempt, and hence is not before this court for review. This rule, which is applicable only to cases o£ criminal contempt, to which class the present proceeding belongs, is to be distinguished from the rule applied in eases of civil contempt. In the latter class, it is essential, to sustain a conviction, that there shall exist, not only jurisdiction in the court or officer granting the order which has been disobeyed, but also a valid cause of action in the aggrieved party; and this results from the fact that a civil contempt is not an offense against the dignity of the court, but against the party in whose behalf the mandate of the court has been issued, and a fine is imposed solely as indemnity to the injured party. And, as there can be no injury when there is no right to maintain the suit, it is essential that this right should exist, in order to sustain a conviction, and that question is always open for examination upon_appeal. But it is otherwise in a case of criminal contempt. That offense involves no element of personal injury. It is of a public character, and indictable. It is directed against the dignity and authority of the court alone. Hence, in proceedings to prosecute such an act, the court will look only to the question of power; and, if there was jurisdiction to grant the order, it will impose punishment upon those who willfully disobey it, for the purpose of vindicating its own power and maintaining its own dignity, and leave any error as to private rights to be redressed in the orderly manner provided for by the rules of practice. And obviously
“Whatever may be determined as to the character of this act, it is, I apprehend, plain that the question is judicial. The court which is called upon to determine this question is called upon to perform a legitimate judicial function. It is exercising jurisdiction when it makes its decision, and its order, though it may be erroneous, cannot be regarded as void.”
To the same effect are the remarks of Judge Finch in the Dwyer Case, where a similar question was raised. He says:
“Whether the act sought to be enjoined was or was not of a legislative character, was a judicial question, to be disposed of by the court acting upon the facts. If the court erred in its conclusion the remedy was by appeal, and not by disobeying its mandate.”
We are not, therefore, permitted, upon this appeal, to review the decision of Justice Barnard in granting the preliminary injunction. His decision involved the determination of every question necessary to support the order; and, in making it, he was exercising the jurisdiction conferred upon him by the constitution and laws of the state. His order was a valid exercise of judicial power, and, while the question whether such an action as was brought against the appellants could be maintained is open to grave doubt, that question is not now before the court, and cannot be determined. Disobedience or resistance to the order was a criminal contempt.
The point that the act which it was sought to restrain was one which would be final and complete before the trial of the action does not affect the jurisdictional question. Interlocutory writs of injunction were granted by the court of chancery because of the necessity of the case, and there could be no more proper occasion for the interference of the restraining power of the court than one where the injury would be complete before the plaintiff could bring his suit to trial. Mandatory injunctions, which require of a party the performance of some act, always, to some extent, anticipate the judgment of the court. It may ultimately be determined that such an order was erroneous, but it is no less within the power of the court