Heller v. National Waistband Co.

Second Circuit

Heller v. National Waistband Co.

168 F. 249, 93 C.C.A. 551, 1909 U.S. App. LEXIS 4449

Court of Appeals for the Second Circuit·Decided March 23, 1909·Published·Cited by 4 cases

Opinion

PER CURIAM.

It is well settled that, when an order imposing a fine for violation of injunction is substantially one to reimburse the party injured by the disobedience, it is to be reviewed only by appeal. Writ of error will lie only when the fine is clearly punitive, and in vindication of the authority of the court, as is the case; where the fine is made payable in whole or in part to the United States. Matter of Christensen Eug. Co., 194 U. S. 458, 24 Sup. Ct. 729, 48 L. Ed. 1072.

The writ of error is dismissed. Defendant’s remedy is by appeal.

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PER CURIAM.

It is well settled that, when an order imposing a fine for violation of injunction is substantially one to reimburse the party injured by the disobedience, it is to be reviewed only by appeal. Writ of error will lie only when the fine is clearly punitive, and in vindication of the authority of the court, as is the case; where the fine is made payable in whole or in part to the United States. Matter of Christensen Eug. Co., 194 U. S. 458, 24 Sup. Ct. 729, 48 L. Ed. 1072.

The writ of error is dismissed. Defendant’s remedy is by appeal.

Heller v. National Waistband Co., 168 F. 249, 93 C.C.A. 551, 1909 U.S. App. LEXIS 4449 (2d Cir. 1909).

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Opinion

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