D. JOHNSON vs. H. R. W. JOHNSON.

[January Term, A. D. 1864

Appeal from the Court of Quarter Sessions and Common Pleas, Montserrado County.

Certiorari-Injunction to Stay Execution.

 

The court has no need to enter into any elaborate argument respecting this case coming before it on a writ of certiorari. The writ, of course, is an important one, and founded upon the intent of the law to give full justice to all alike.

This writ is no stretch of jurisprudence, but one among its instruments to set forth its magnitude and majesty. The injunction issued by the Court of Common Pleas, Montserrado County, to stay the, execution of its own order and final judgment, was and is, in the opinion of this tribunal, erroneous, though the motive might have been pure. The only remedy, if a remedy was needed, would have been an appeal from the decision of the court; and also if the law officers had gone beyond their limits, and done any act against the defendant which was unlawful and for which they had no warrant from the court, they would be responsible for all such unlawful proceedings if any injury ensued. The law carries with it great power where defiance is practised, but on the other hand it is reasonable where responsibilities make it expedient. It is admitted that the successful party has the right to demand an execution on the rendition of final judgment, because it is his right in law, and to justify this course there are several reasons which the court deem unnecessary to allude to here. But it does seem that equity would suggest that the successful party, in an extreme case, allow his antagonist time to meet his obligations to him; but this would only be done by securing the plaintiff with proper safeguards. The court is a mighty organ and any person who is clothed with its prerogatives has in a very large degree the care and protection of all living under its influence. Therefore, the court may be said to have discretionary powers in particular cases to defend one and secure the other.

The law never contemplated violence, only when violently assailed, and no person has the right to violate the law, or in other words obstruct it in its legitimate pursuits. The appellee in this case apparently makes the same plea here as he would have done before the Court of Pleas on the injunction, that is, the requirement of time, to meet a demand which he admits to be just, and which the court below confirms by its judgment. Hence there seems to be no question as to the righteousness of the cause. Equity would suggest time, provided the appellee give such security as may satisfy the appellant in this cause. This court is fully of the opinion that the whole case should be divested of obstructions, since the rendition of judgment was final. The costs of the court below being one of the principal features of objection which led to the application for the injunction, the court will here note and here direct that so much of the case as relates to the costs be remanded to the Court of Pleas, Montserrado County, for its adjustment to the extent as it may appear lawful to the court.\

Therefore it is hereby decreed that the full force and restraint of the injunction in the case of J. D. Johnson vs. H. R. W. Johnson is dissolved, and the case rest upon the final judgment and order of the court as delivered on record before this court, with all costs in this court.