49 N.E.2d 538 | Ind. | 1943
This is an original action seeking a writ prohibiting the respondents from enforcing a restraining order issued in an action against the relators.
The order restrained the relators from interfering with the business of the holder of a retail alcoholic beverage permit, and mandated the commission to restore the permit that had been revoked and all other property seized under orders made by the relators, and to rescind all orders made in connection with the revocation of the permit.
A temporary writ of prohibition was issued, restraining the respondents from enforcing the order insofar as it affects the revocation of the permit, and from making any further orders affecting the validity of the permit, and from enforcing the restraining order *574 generally except that part thereof which required the return of the plaintiffs' tangible property.
The respondents' return is to the effect that it was believed that the restraining order was consistent with a rule laid down in City of Elkhart v. Minser (1937),
It is well and firmly established that the jurisdiction and power of courts of equity to issue restraining orders is limited to the protection of civil and property rights. State ex
1-3. rel. Fry v. Superior Court of Lake County et al. (1933),
The temporary writ of prohibition heretofore issued is made permanent.
NOTE. — Reported in