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This section contains the nature of the case and procedural background.

The court made an order directing the city council of Cape May to desist and refrain from passing a certain ordinance and to show cause why an injunction should not be issued restraining the same act. The order was granted at midday, and the council was to meet that evening for the purpose of doing the act which the order intended to restrain. Actual service was not possible before the next day. Notice of the order was sent by telegraph to the president of the council, and the president got that notice before the meeting and even read it at the meeting. A special messenger was sent with the same notice and arrived while they were in session; the council still passed the ordinance the next day. Contempt was issued.

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