Ex Parte Peaden
| Decision Date | 11 October 1924 |
| Citation | 88 Fla. 273,102 So. 160 |
| Parties | Ex parte PEADEN. |
| Court | Florida Supreme Court |
Original petition by C. E. Peaden for writ of prohibition.
Writ denied.
Syllabus by the Court
Will not issue to prevent circuit court taking testimony as to truth of denials under oath of allegations in contempt proceeding charging violation of injunction. A writ of prohibition will not be issued to prevent a circuit court taking testimony as to the truth of denials under oath of the allegations in a contempt proceeding charging affirmative violation of an injunction order issued by a court of equity.
COUNSEL J. McHenry Jones and Walter Kehoe, both of Pensacola, for petitioner.
An application having been made for a rule to show cause why the circuit court should not be prohibited from taking testimony as to the truth of a sworn answer in a contempt proceeding specifically denying the alleged contempt, upon the ground that the denial under oath entitled the party to a discharge, it appears that the alleged contempt consists in continued doing what he was commanded not to do by an injunction order issued by the circuit court as a court of equity; therefore the application for a writ of prohibition is denied. See Gompers v. Buck's Stove & Range Co., 221 U.S. 418, text 442, 31 S.Ct. 492, 55 L.Ed. 797, 34 L. R. A. (N. S.) 874; 13 C.J. 75; 6 R. C. L. 534.
This case is wholly unlike Ex parte Earman, 85 Fla. 297, 95 So. 755, 31 A. L. R. 1226, and Ex parte Biggers, 85 Fla. 322, 95 So. 763.
Writ denied.
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State ex rel. Hill v. Hearn
...prevents an inferior court from exercising jurisdiction which it does not have or from exceeding its admitted jurisdiction. Ex parte, Peaden, 88 Fla. 273, 102 So. 160. In State ex rel. McGregor v. Peacock, 113 Fla. 816, 152 So. 616, we declined to prohibit a trial judge from proceeding to h......
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State Ex Rel. Hamilton v. Trammell
... ... exercise that power either erroneously or properly subject to ... review in the Appellate Court on habeas corpus. See Ex parte ... Peaden, 88 Fla. 273, 102 So. 160; Hazen v. Smith, ... 101 Fla. 767, 135 So. 813; Ex parte Turner, 73 Fla. 360, 74 ... So. 314, L.R.A.1917D, ... ...
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