American Musicians Union of North America v. Chicago Federation of Musicians, Local No. 10, 184 Ill. App. 444 (1913)

Dec. 31, 1913 · Illinois Appellate Court · Gen. No. 18,445
184 Ill. App. 444

American Musicians Union of North America, Appellant, v. Chicago Federation of Musicians, Local No. 10, A. F. of M. et al., Appellees.

Gen. No. 18,445.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed December 31, 1913.

Statement of the Case.

Petition by American Musicians Union of North. America against Chicago Federation of Musicians,Local No. 10, American Federation of Musicians, Joseph F. Winkler and certain other officers and members of the federation for a rule upon defendants to show cause why they should not be punished for contempt for violating a certain decree which enjoined the defendants from interfering with, hindering or obstructing the members of complainant’s organization in obtaining or retaining employment as musicians, by representing to employers that members of complainant’s organization are nonunion men, so as to cause employers to fear the opposition of defendants, or organized labor. From an order entered discharging the rule, and dismissing the petition, petitioner appeals.

Mabie & Conkey, for appellant.

John S. Hummer, for appellees.

*445Abstract of the Decision.

1. Injunction, § 257 * —when evidence sufficient to sustain order discharging rule to show cause for violation. On petition by a musicians’ union against the officers and members of a certain federation of musicians for a rule on defendants to show cause why they should be punished for contempt for violating an injunction, findings of the chancellor in an order entered discharging the rule and dismissing the petition, held to be sustained by the evidence.

2. Appeal and error, § 1395 * —when findings of fact by chancellor will not be disturbed. It is the settled rule in equity practice that a court of review will not set aside the findings of fact by a chancellor who saw the witnesses and heard them testify, unless the error in such findings is clear and palpable.

Mr. Justice Baume

delivered the opinion of the court.