Lucy v. Adams
Decision Date | 16 May 1963 |
Docket Number | Civ. A. No. 652. |
Parties | Autherine J. LUCY et al., Plaintiffs, v. William F. ADAMS et al., Defendants. |
Court | U.S. District Court — Northern District of Alabama |
Arthur D. Shores, Birmingham, Ala., and Constance Baker Motley, New York City, for plaintiffs.
Andrew Thomas, of Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., for defendants.
This matter came on for hearing at this time upon the request of petitioner, Hubert E. Mate, in his capacity as Dean of Admissions of the University of Alabama, for construction of the present efficacy of the judgment rendered in this cause on July 1, 1955, wherein it was decreed as follows:
William F. Adams, who was the Dean of Admissions of the University of Alabama, resigned effective February 3, 1961. Since the first day of October, 1961, petitioner, Hubert E. Mate, has occupied the position of Dean of Admissions of the University of Alabama.
Amended Rule 25(d), (1) and (2), effective July 19, 1961, provides as follows:
It is the general rule "that one who succeeds to the interest of a party to whom the injunction is directed and who has notice of the injunction, is bound by the judgment and punishable for contempt for disobedience." 43 C.J.S. Injunctions § 263d, page 1013. The author of the statement is supported by the following authorities: Rivera v. Lawton, 1 Cir., 35 F.2d 823; State ex rel. Mungas v. District Court et al., 102 Mont. 533, 59 P.2d 71; State ex rel. Tague v. District Court, 100 Mont. 383, 47 P.2d 649; Skinner v. Ashford, 131 Neb. 338, 268 N.W. 81; Ex parte Dillon, Mo.App., 96 S.W.2d 1095; Hudkins v. Arkansas State Board of Optometrists, 208 Ark. 577, 187 S.W. 2d 538; Engel Sheet Metal Equipment, Inc. v. Shewman, Mo.App., 307 S.W.2d 694.
The early decisions are to like effect. 32 C.J. Injunctions, § 845, Footnote 98, page 490. The earlier statement sustaining the text last referred to are as follows: G. & C. Merriam Co. v. Saalfield, 6 Cir., 190 F. 927; Lake v. Kern County Super. Ct., 165 Cal. 182, 131 P. 371; People v. El Paso County District Court, 19 Colo. 343, 35 P. 731; State v. Will, 86 Kan. 561, 121 P. 362; Schumacher v. Shawhan Distillery Co., 178 Mo.App. 361, 165 S.W. 1142; State v. Ninth Judicial District Court, 34 Mont. 258, 86 P. 798; and Ahlers v. Thomas, 24 Nev. 407, 56 P. 93.
The question was directly decided by Judge Dawkins for the Supreme Court of Louisiana, in the case of Crucia v. Behrman, 147 La. 144, 84 So. 525. In that case, the Court had issued an injunction against the Mayor of New Orleans and the Police Inspector Mooney enjoining them from interfering with the plaintiff in holding musical performances in his restaurant. Mooney was succeeded by Inspector Boyle, who caused the plaintiff to be arrested for acts which had been covered by the injunction. Boyle was not connected with the police department when the writ was issued and had never been made a party to the suit. The Court discharged him from a rule for contempt. Upon review, the Supreme Court said:
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