Harvey v. Prall

• Decision Date: 09 June 1959
• Docket Number: No. 49727,49727
• Citation: 250 Iowa 1111,97 N.W.2d 306
• Parties: C. N. HARVEY and Bernard Thogmartin, Plaintiffs, v. Honorable Stanley E. PRALL, Judge of the District Court of Dallas County, Iowa, and the District Court of the State of Iowa in and for Dallas County, Defendants.
• Court: Iowa Supreme Court

Page 306

97 N.W.2d 306

250 Iowa 1111

C. N. HARVEY and Bernard Thogmartin, Plaintiffs, v. Honorable Stanley E. PRALL, Judge of the District Court of Dallas County, Iowa, and the District Court of the State of Iowa in and for Dallas County, Defendants.

No. 49727.

Supreme Court of Iowa.

June 9, 1959.

Edward M. Spellman and Joy & Wifvat, Perry, for plaintiffs.

Harry F. Kastrup, Perry, and Russell Jordan, Des Moines, for defendants.

GARFIELD, Justice.

This is an action of certiorari in this court to review a judgment of the Dallas County district court punishing plaintiffs Harvey and Thogmartin for contempt in violating its decrees enjoining them from hauling garbage, rubbish or trash in the city of Perry.

Plaintiffs' sole contention is that the district court had no jurisdiction to enter the decrees or the judgment punishing them for contempt in violating the same by reason of section 367.4, Codes, 1954, 1958, I.C.A., which provides: 'In cities having a * * * police court, such court shall have exclusive jurisdiction of all actions or prosecutions for violation of city ordinances.'

It seems to be agreed the city of Perry has a police court which plaintiffs assert has exclusive jurisdiction under 367.4 of any action that may be taken against them.

It is true the equity suits against these plaintiffs in which the decrees were rendered were based at least in part upon plaintiffs' violation of an ordinance of the city of Perry, plaintiff in the suit, regulating the storage, collection and disposal of garbage and other refuse. The ordinance (346), approved January 13, 1958, is a comprehensive one containing 18 sections. One provides it is optional with the city whether it (a) collects garbage and rubbish with its own equipment and employees, (b) makes a contract with a person to collect garbage and rubbish, or (c) issues a permit to a person to do so.

Some other provisions of the ordinance are that garbage cans shall be kept covered, garbage accumulating from dwellings shall be first wrapped in paper, no one shall deposit waste materials anywhere except upon the city dump, all garbage must be transported in covered vehicles or containers, no one shall collect garbage except his own unless authorized by contract or permit, anyone convicted of violating any provision of the ordinance shall be subject to imprisonment not exceeding 30 days or a fine not exceeding $100.

The city chose optional method (b) above referred to and on June 24, 1958, made a written contract with one Fitzsimmons under which he was to collect and dispose of garbage within the city for five years from July 1, 1958, the city would issue no permit for such service to anyone else, will guarantee to Fitzsimmons his exclusive right to perform such service during the five years and will at its expense by injunction and such other legal remedies as may be necessary protect his rights under the contract from interference or infringement by any other person. Fitzsimmons agrees to: make garbage collections from residences twice a week and commercial establishments daily, purchase and maintain in good condition two new Leach Packmaster garbage trucks, charge $1.50 a month to each family and file with the city clerk a performance bond of $10,000.

Both ordinance 346 and the contract with Fitzsimmons contain several other important provisions it is unnecessary to mention. No question as to the validity of the ordinance or contract is raised here.

July 10, 1958, the city filed petitions in equity against plaintiffs Harvey and Thogmartin, respectively, alleging passage of the ordinance, the contract with Fitzsimmons, the permits of plaintiffs here to haul garbage in Perry expired January 1, 1958, but they have continued to do so and have thus interfered with the exclusive rights granted Fitzsimmons by the contract. The petitions asked that plaintiffs here be enjoined from hauling and disposing of garbage, refuse and trash within the city.

Plaintiffs here (defendants in the injunction suits) raised various questions as to the validity of the ordinance and contract which need not be set out here. The two equity suits were consolidated for trial. The court found ordinance 346 and the contract were in all respects legal, enjoined Harvey and Thogmartin from hauling or disposing of garbage, rubbish or trash within the city, but denied the city's claim for money damages. The decrees were filed November 10, 1958. Writs of injunction, pursuant to the decrees, were forthwith served upon present plaintiffs.

November 18, 1958, affidavits by the city attorney and another were filed claiming these plaintiffs wilfully refused to obey the decrees. They were forthwith served with notice (rule) to show cause why they should not be punished for contempt. Hearing was had January 13, 1959, before the judge who tried the equity suits. It was clearly shown these plaintiffs continued to haul garbage in Perry in defiance of the decrees. Indeed they apparently hauled garbage throughout 1958 except for about 11 days in July when temporary injunctions against their doing so were in force.

The court found plaintiffs were in contempt for violation of the decrees and sentenced each to 30 days in jail and to pay a fine of $300. For failure to pay the fine each was to be confined an additional 60 days. The proceedings seem to have been in strict compliance with the requirements of chapter 665, Codes 1954, 1958, I.C.A. January 19 we granted a writ of certiorari to review this judgment of January 13 and ordered the proceedings in the district court stayed and plaintiffs released from jail pending the outcome of this review.

I. It is doubtless true that if, as plaintiffs assert, the district court was without jurisdiction to enter the equity decrees, it was likewise without jurisdiction to punish plaintiffs for contempt in violating them. Want of jurisdiction may be interposed against an adjudication it is sought to enforce. Kline v. Kline, 57 Iowa 386, 389, 10 N.W. 825, 42 Am.Rep. 47; City of Lansing v. Chicago, M. & St. P. Ry. Co., 85 Iowa 215, 218, 52 N.W. 195; Lynch v. Uhlenhopp, 248 Iowa 68, 79, 78 N.W.2d 491, 498 ('Contempt cannot be predicated upon an alleged violation of a void decree.' Citing several cases.).

17 C.J.S. Contempt § 14, states: 'Disobedience of a * * * decree * * * issued by a court without jurisdiction is not a contempt; * * *.'

It is equally clear that if the district court had jurisdiction to enter the equity decrees it also had jurisdiction to punish plaintiffs for contempt in the violation thereof and, in view of the sole contention these plaintiffs now make, the writ of certiorari must be annulled. Rule 330, Rules of Civil Procedure, 58 I.C.A.; Battani v. Grund, 244 Iowa 623, 626-630, 56 N.W.2d 166, 169-171, and citations; Critelli v. Tidrick, 244 Iowa 462, 467-470, 56 N.W.2d 159, 163-164, and citations; 17 C.J.S. Contempt § 14, p. 21.

Burtch v. Zeuch, 200 Iowa 49, 56, 202 N.W. 542, 544, 39 A.L.R. 1349, 1354, states: 'It is elementary that disobedience of an order or process made by a court within its jurisdiction and power is a contempt * * *.'

II. It is plain the district court had jurisdiction of the equity suits in which the decrees were rendered unless Code § 367.4, I.C.A., supra, confers exclusive jurisdiction of the subject matter upon the police court of Perry. This is the effect of Code § 604.1, I.C.A., and Article V, § 6, of our state constitution, I.C.A. Section 604.1 is the successor of statutes which have been in force as early as the Code of 1851. Section 1576 thereof provided: 'The several district courts shall exercise general original jurisdiction both civil and criminal, and as well in chancery as at common law, where not otherwise provided by law.'

Jurisdiction of the subject matter is the power to hear and determine cases of the general class to which the proceedings belong. J. R. Watkins Co. v. Kramer, Iowa, 97 N.W.2d 303, and citations at page 305 of opinion filed June 9, 1959.

III. In determining whether the district court was without jurisdiction, by reason of section 367.4, in the equity suits it seems essential to consider the nature of the identical causes of action asserted. Each petition alleges more than one recognized ground for relief in equity.

It has been said the power of courts of equity to issue writs of injunction is inherent, existing irrespective of constitutional or statutory provisions specifically confirming it. City of New Orleans v. Liberty Shop, 157 La. 26, 101 So. 798, 40 A.L.R. 1136, 1139, cited with approval in State v. Fray, 214 Iowa 53, 56, 241 N.W. 663, 664, 81 A.L.R. 286, and Town of Grundy Center v. Marion, 231 Iowa 425, 431, 1 N.W.2d 677, 680; 28 Am.Jur., Injunctions, § 9; 43 C.J.S. Injunctions § 12.

Although rule 321, Rules of Civil Procedure, states when a temporary injunction may be allowed, our rules 320 to 330 do not provide the grounds for issuance of a permanent writ. Yet the existence of the power in courts of equity is undoubted and has been repeatedly recognized by our decisions.

The equity petitions allege a cause of action which entitled the city to injunctive relief to protect the exclusive rights it granted Fitzsimmons under its contract with him and for damages for the violation thereof by these plaintiffs who held no permits to collect garbage in the city. (They were unsuccessful applicants for the right to collect garbage under ordinance 346.) As previously stated, the contract obligates the city to protect Fitzsimmons in the enjoyment of his rights thereunder from interference or infringement by any other person.

That the petitions allege a proper case for injunctive relief upon the ground just stated see: White v. Massee, 202 Iowa 1304, 1308, 211 N.W. 839, 66 A.L.R. 1434, 1437; Farmers' & Merchants' Co-op Tel. Co. v. Boswell Tel. Co., 187 Ind. 371, 119 N.E. 513, 516-517; New York, N. H. & H. R. Co. v. Deister, 253 Mass. 178, 148 N.E. 590, and citations; Glover...