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2 Del. Ch. 269

State v. Eddy

Court of Chancery of Delaware

Decided April 15, 1861

Court of Chancery of Delaware · decided 1861-04-15

Attachment for breach of an injunction.—The defendant, one of the firm of Wood, Eddy & Co., who claimed to draw a lottery under authority of a certain act of the G-eneral Assembly, was attached for breach of an injunction issued on the 5th of April, 1861, restraining Wood-, Eddy & Co. from the further drawing of lotteries .under said act.

Cited by 1 later decisions — most recently October 1949

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-04-15

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Harrington, Chancellor.

¶1I have' no difficulty in deciding that the defendant has been guilty of a contempt; but rather how to adjust the punishment. The contempt is admitted by the defendant in his frank reply to the interrogatories. I am, therefore, embarrassed only by the extent of the order I shall make, which must treat the defendant as a voluntary and deliberate contemner of the process of the Court, and yet also as one who has promptly surrendered himself to its jurisdiction, frankly and fully answered its interrogatories and sought to excuse, without denying, the contempt. The order, with all just consideration for these mitigating circumstances, must still be such as to vindicate the authority of this Court and ensure obedience to its process.

¶2The Court orders the imprisonment of the defendant for two weeks and until he shall thereafter satisfy the' Court that he obeys the injunction.

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