Ex Parte Mabry

• Decision Date: 06 July 1932
• Docket Number: No. 6162.,6162.
• Citation: 52 S.W.2d 73
• Parties: Ex parte MABRY.
• Court: Texas Supreme Court

52 S.W.2d 73

Ex parte MABRY.

No. 6162.

Supreme Court of Texas.

July 6, 1932.

Application of C. D. Mabry for a writ of mandate to be directed to the sheriff of Jefferson county.

Relator remanded to custody of sheriff of Jefferson county.

W. R. Blain and David E. O'Fiel, both of Beaumont, for relator.

LEDDY, C.

On the 19th day of September, 1931, in the case of Mabry Foundry & Machine Company et al. v. C. D. Mabry, pending in the district court of Jefferson county, Tex., an injunction was issued restraining the defendant, the relator in this case, from interfering in any way with the management of the affairs of said corporation.

On the 23d day of October, 1931, on motion of F. L. Pivito, the duly appointed, qualified, and acting receiver of said company, relator, after due service of citation, was on a hearing adjudged in contempt of said court because of a willful violation of the terms of said injunction. The specific violation found by the court in his order adjudging relator in contempt was his action, after the service of the injunction aforesaid, in collecting certain accounts due by various parties to said corporation and appropriating the proceeds thereof to his own use.

The court in its order adjudging relator in contempt recited the specific acts done and performed by him in violation of said injunction. The order also contained this provision: "It is therefore hereby ordered, adjudged and decreed by the court that the said C. D. Mabry be and he is hereby adjudged in contempt of this court and is hereby fined as for contempt the sum of $100.00 and is hereby ordered committed to the custody of the Sheriff of this county to be confined in the county jail of this county for which let commitment issue, which commitment shall be accompanied with a certified copy of this judgment to be delivered to said C. D. Mabry, and there he, the said C. D. Mabry to be kept until he shall purge himself of said contempt of this court by delivering over to the receiver, F. L. Pivito, the sum of $410.69 and by the payment to the Clerk of this court of said fine of $100.00 for the benefit of the State of Texas, and it is further ordered that said C. D. Mabry pay all costs of this proceeding, for all of which costs let execution issue."

No commitment was issued on this order until the first day of April, 1932. Under the commitment then issued, the sheriff of Jefferson county was commanded `to take the body of said C. D. Mabry and safely keep in custody in the county jail of Jefferson County until he shall purge himself of contempt of...