Tillman v. Heard
Mississippi Supreme Court
From the chancery court of Washington county. Hon. M. E. Denton, Chancellor. Tillman, appellant, was complainant in the court below, Heard and others, appellees, were defendants there. From a -decree in defendants’ favor, dissolving an injunction, complainant appealed to the supreme court.
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From the chancery court of Washington county. Hon. M. E. Denton, Chancellor. Tillman, appellant, was complainant in the court below, Heard and others, appellees, were defendants there. From a -decree in defendants’ favor, dissolving an injunction, complainant appealed to the supreme court. Tillman, appellant, a resident of Mississippi, while tempo.rarily in Muscogee county, Georgia, was there sued in the superior court of that county by the executors of the will of W. L. Tillman, deceased, on a claim for eleven thousand dollars. Before the suit was tried in the Georgia court, the executors of…
1Opinion of the CourtMates, J.
The question presented by this record is confined to whether *240or not the action of the conxt in dissolving the injunction was correct.
On examination of the record, we find that there was never a valid injunction issued. The proceeding was one to stay proceedings at law, and by the express provision of section 609, C'ode 1906, the party applying for such an injunction is required to enter into- bond in double the amount of the debt sought to be enjoined. This bond was not given when the injunction was issued, and, although a decree of the court has since required complainant to execute the…
2Cited by1 opinion
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