Ex Parte Gilbert
| Decision Date | 17 January 1910 |
| Citation | 124 S.W. 762 |
| Parties | Ex parte GILBERT et al. |
| Court | Arkansas Supreme Court |
Herring & Williams, for appellants. Poale & Whitehead, for appellees.
The petitioners, Julia Gilbert and Erwin Gilbert, procured from this court writs of certiorari by which they seek to review and quash the order of the judge of the Bradley circuit court adjudging them guilty of contempt in disobeying an injunction issued by said judge in vacation.
On March 20, 1908, J. T. and L. J. Daniel instituted in the Bradley circuit court a suit of unlawful detainer against one Bob Gilbert, by which the plaintiffs in that case sought to obtain the possession of certain land in Bradley county. It was alleged in the complaint in that case that the plaintiffs had sold the land to said Bob Gilbert and had executed to him a bond for title therefor, in which they agreed to execute to him a deed upon the payment of the purchase money for which said Bob Gilbert had executed notes; upon failing to pay the notes they alleged that Gilbert thereafter agreed to pay to plaintiffs rent for said land, and that he also failed to do this. Before the return term of the court in which said suit was instituted, said Bob Gilbert died intestate, and left, him surviving, his widow, the petitioner Julia Gilbert, and 17 children, a great number of whom are minors, and one of whom is the petitioner, Erwin Gilbert. At the time of his death, Bob Gilbert was residing on the land involved in the case, and his widow and children after his death continued to reside upon the land as their home. At the first term of the Bradley circuit court after the institution of said unlawful detainer suit, the death of Bob Gilbert was suggested, and the cause was ordered revived in the name of J. E. Childs as special administrator of said Bob Gilbert, and the cause was continued with an order to the special administrator to collect rents for the pending year of 1908. It appears that in said unlawful detainer suit no bond was given by the plaintiff for a writ of possession, and that no writ of possession for the land was executed by the sheriff. At the January term, 1909, of the Bradley circuit court, an order was made directing the special administrator to rent the land involved in the action for the year of 1909. The suit was never revived against the heirs of said Bob Gilbert, deceased, nor were they or his widow made parties thereto or served with any process therein. Under the above order the special administrator rented the land for the year of 1909 to L. J. Daniel and Left Preston.
On March 23, 1909, said L. J. Daniel presented to the judge of the Bradley circuit court in vacation his petition for an injunction, in which he set out that he had rented the land from the special administrator and had attempted to prepare it for cultivation; but that the said Julia Gilbert and others acting in concert with her were intimidating and preventing the tenants of said Daniel from cultivating the land; and he prayed for an order enjoining and restraining the said Julia Gilbert and her advisers from committing the acts complained of. On March 24, 1909, the said judge in vacation made an order perpetually restraining Julia Gilbert and all persons acting in concert with her from in any manner interfering with said Daniel and Preston or their employés in cultivating said land.
The above order was served on the petitioner Julia Gilbert, and this was the first notice or process served upon her in said suit or proceeding. Thereafter said L. J. Daniel applied to the said circuit judge in vacation for an order citing the said Julia Gilbert and Erwin Gilbert to appear before him and show cause why they should not be held in contempt by reason of a disobedience of said above order of injunction. The circuit judge issued such citation, and upon the day named therein for their appearance to answer they filed their response. The matter was heard by the circuit judge in vacation, and he found the respondents guilty of contempt. He entered fines of $50 and $25 respectively against Julia and Erwin Gilbert, and ordered them to give bond for their appearance at the following term of the Bradley circuit court, and upon their failure to make such bond he ordered them confined in jail until the said...
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