In re Morford

HAHN, J., pro tem. This application for a writ of habeas corpus arises out of a judgment of the Superior Court of Los Angeles County holding petitioners in contempt by reason of their violation of the terms of certain orders of said court previously made, restraining and enjoining the defendants named in said action, their agents, servants and employees, from “delivering or furnishing linens or linen supplies to be used by any customers or former customers of the plaintiff . . . heretofore furnished with linen supplies by the plaintiff, through the defendants, or any of them, or otherwise during the period of time while said defendants, or any or either of them, were in the employ of the plaintiff and furnishing linen supplies to such customers for the plaintiff”.

It appears from the affidavits upon which the order to show cause was issued, and upon the hearing of which petitioners were adjudged guilty of contempt, that on August 8, 1933, the United Linen Supply Company, a corporation engaged in the business in Los Angeles of supplying linen service to business and professional offices, secured from the [664]superior court a restraining order against the defendants named in the action, in substance as hereinbefore set forth.

On August 25, 1933, the same court upon a hearing had on an order to show cause issued an injunction pendente lite in substantially the same form as the earlier restraining order.

On October 27, 1933, after a trial of the action, the court by its judgment granted to plaintiff a permanent injunction prohibiting the defendants, their agents, servants and employees, from engaging in the acts previously restrained and enjoined pending trial of the action.

Upon a hearing on an order to show cause, petitioners, with several others who were named as defendants in the action out of which the orders were made, were adjudged to have violated the restraining and injunctive orders of the court, and judgments of fines, or in lieu thereof imprisonment in the county jail, were entered.

The petitioners here, who were not named as defendants in the suit, or served with any order or process of the court, except a copy of the permanent injunction, seek this review of the contempt proceedings so far as they are affected thereby. The general contention urged is that the affidavits which form the basis of the order to show cause are so lacking in necessary allegations as to leave the court without jurisdiction to make the order and judgment of contempt complained of.