Page:Pitcock v. State.pdf/2

528 the subject-matter set forth therein, any preliminary order made or final judgment rendered is void. (Page 533.)
 * 1) S.—A suit the purpose of which is to restrain an attempted breach by the Penitentiary Board of a contract alleged to have been entered into by such board on behalf of the State whereby convict labor should be furnished to the plaintiff is in effect a suit against the State, and cannot be maintained. (Page 534.)
 * 2) S.—Where the pleadings show that a suit is in effect against the State, though nominally against certain State officers, the trial court had no jurisdiction, and a temporary restraining order issued by it will be quashed on certiorari. (Page 538.)

Certiorari to Pulaski Chancery Court; John E. Martineau, Chancellor; reversed.

Argument for petitioner
Hal L. Norwood, Attorney General, and James H. Harrod, for petitioner.

1. Where an injunction is issued without authority of law, that is, in a matter over which the court had no jurisdiction, no one can be punished for disobeying it. 43 Ark. 63. Under the laws of this State no court has jurisdiction to grant a temporary injunction unless (1) it is specially authorized by statute; or (2) it affirmatively appears from the complaint that the plaintiff is entitled to the relief demanded, and that the acts sought to be restrained would, if committed, cause great or irreparable injury. Kirby's Dig., § 3965. Before a temporary restraining order can be granted to prevent the violation of a contract, the contract must be free from doubt. High on Inj., § 695. The complaint on its face shows that it is a suit against the State, and is ruled by 123 U. S. 443. It does not show that plaintiff would suffer great or irreparable injury. High on Inj., § 35.

2. If the injunction was legally issued, petitioner could not be held to have violated it. Unless notice has been given of intention to apply for an injunction, it, when issued, must be indorsed on the summons and served by the sheriff. Kirby's Dig., §§ 3982, 3983. Mere verbal notice is not sufficient. The law provides that notices must be in writing, and how served. Kirby's Dig., §§ 6267-8. However, petitioner's testimony is undisputed that he had given the order to bring the prisoners in before counsel spoke to him over the telephone.