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The Cape May and Schellinger's Landing Railroad Co. v. Johnson

35 N.J. Eq. 422 (1882)

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The Cape May and Schellinger’s Landing Railroad Co. v. Johnson

New Jersey Court of Chancery

35 N.J. Eq. 422 (1882)

Facts

The trial court issued an order prohibiting the city council of Cape May (defendants) from passing a certain ordinance. The order was entered on June 20, 1881, but could not be physically served on the city council that day because of the distance between the court and the city. Johnson’s (plaintiff) attorney sent the city council notice of the order by telegraph and warned that disregarding the order could result in contempt. The city council met that night, and a messenger also came to the meeting and delivered the same message. However, the city council met again the following day and passed the ordinance in violation of the trial court’s order. The city council was charged with contempt.

Rule of Law

Issue

Holding and Reasoning (Van Fleet, J.)

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