39 W. Va. 704 | W. Va. | 1894
On the application of Charles Trudgeon, a rule was issued by this Court against R. L. Reynolds, L. C. Carter, J. H. Amonett and A. C. Blair requiring them to show
This Court has therefore disposed of the supersedeas and annulled and vacated the same as improvidently issued concerning a matter, -wherein it had no jurisdiction. “It is settled by the authorities, that, if this Court had no jurisdiction to award this process, the parties can not be punished for a contempt in disobeying it; for in such a case the order of this Court granting the supersedeas might be treated as a mere nullity.” State v. Harper’s Ferry Bridge Co., 16 W. Va. 877; Swinburn v. Smith, 15 W. Va. 500. By the decision of this Court the question of jurisdiction having been settled [see In re Town of Union Mines, supra 179 (19 S. E. Rep. 398)] the defendants will not be punished as for a contempt in disregarding unlawful process,
For the foregoing reasons the rule in this case must be discharged at the costs of the relator, Charles Trudgeon.