Smith v. Perkins

The appellant filed a bill to enjoin a sale under a mortgage. The injunction was dissolved by the final decree of-the chancery court which decree allowed five per cent., from which judgment an appeal was prosecuted with a supersedeas, and which was affirmed by this court on a former day of this term, and suggestion of error overruled. Now the appellee files this motion for an attorney’s fee for defending the appeal.

Section 628, Code of 1906 (section 388, Hemingway’s Code), reads as follows:

“When an injunction, obtained to stay proceedings on .a judgment at law for money, shall be dissolved,…