Gardner v. Superior Court

THOMPSON (IRA F.), J.

The petitioner here was found guilty of contempt by the respondent court and sentenced to five days' imprisonment in the county jail. He seeks by the writ of review to have the judgment annulled on the ground that the court had no jurisdiction to pronounce it. In support of this contention he advances two .arguments. He says, first, that the original restraining order which the petitioner is claimed to have violated is

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void on its face, and, second, that the affidavit upon which an order was made for the petitioner to show cause why he should not be punished was insufficient to confer jurisdiction on the court.

It appears from the record that prior to September 7, 1928, four actions were pending in the respondent court, all of them in some way relating to the title or right of possession to certain real property in the possession of Beth David Nusach" Sephard, a religious corporation, from about January 11, 1926, to about August 21, 1928; that on the latter day, well knowing that a writ of assistance had previously issued to the plaintiff in the action entitled

Morrow & Baer

v.

Gardner,

one Annie Weinberg by and through her agent B. Gardner, secured a writ of assistance to issue out of the respondent court to place Annie Weinberg in possession ; that on September 7, 1928, after hearing for that purpose, the respondent court made its order setting aside the writ of assistance issued to Annie Weinberg, and restraining Annie Weinberg, B. Gardner (the petitioner here) and E. T. McGann from applying for or obtaining an order in an effort to obtain possession of the real property involved until the title and right of possession thereto should be finally determined in the four actions then pending, to wit: W.

E. Morrow et ad.

v.

W. N. Stamps et ad., Anshei Sfard Congregation

v.

Beth David, Halstead Lumber Company