Wilson v. Pugh
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G-. Peyton, Chancellor. On motion to dismiss the appeal. 1. The decree appealed from is not final. The case is still pending in the chancery court. The injunction may be reinstated. Code 1880, § 1917. It does not change the case that damages were allowed on dissolution of the injunction. That is merely an incidental matter, like the allowance of costs against either party in the progress of a case.
Read the full summary
Appeal from the Chancery Court of Yazoo County. Hon. E. G-. Peyton, Chancellor. On motion to dismiss the appeal. 1. The decree appealed from is not final. The case is still pending in the chancery court. The injunction may be reinstated. Code 1880, § 1917. It does not change the case that damages were allowed on dissolution of the injunction. That is merely an incidental matter, like the allowance of costs against either party in the progress of a case. Suppose a cause is continued or an amendment is allowed, and as a condition the party securing the continuance or making the amendment is…
1Opinion of the CourtCampbell, C. J.
This is an appeal from a decree of the Chancellor made on dissolving an injunction by which one hundred dollars were allowed as damages under § 1919 of the Code of 1880. The decree was made on the 2d of April, and on the 21st of April the appellant petitioned the clerk of the court in which the suit was pending for an appeal from the decree requiring him to pay the hundred dollars. A motion is now made to dismiss the appeal because it was not applied for in ten days after the decree, and was not granted by the Chancellor as provided by § 2311 of the code. The decree is interlocutory, and the…
2Cited by3 opinions
- Yazoo & Miss. V. R. R. v. JamesMississippi Supreme Court · 1914
- Staple Cotton Co-Op. Ass'n. v. BorodofskyMississippi Supreme Court · 1925
- Smith v. HolifieldMississippi Supreme Court · 1910