13 Mont. 347 | Mont. | 1893
The respondent contends that this contempt proceeding is not reviewable in this court on certiorari, but that contention seems to be disposed of by the following eases: In re McCutcheon, 10 Mont. 115; In re Shannon, 11 Mont. 67; In re MacKnight, 11 Mont. 126; 28 Am. St. Rep. 451. We proceed to the merits of the application.
The statement of case above recites what the testimony before the court tended to prove, and, indeed, is conceded by the relator to be correct, except in one particular, which is not of great importance. We therefore review the situation, as recited, as that which was before the district court. Simard
We are of opinion that the district court exercised a sound discretion if it concluded that Simard, under the showing made, had a very lively personal interest in the hay. All the circumstances together indicate this. Although the claim is made that Simard was only the servant of Asselin and La Casse, yet we believe that the district court was justified in its conclusion that Simard disobeyed the injunction by advising or procuring Asselin and La Casse to do the prohibited act. It is said by the New York court of appeals “that injunction
We are therefore of opinion that the writ of certiorari should be denied, and it is so ordered.