Dudley v. Miner's Ex'ors
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Roanoke county, pronounced October 10, 1894, in a suit in chancery, wherein the appellants and others were the complainants, and the appellees were the defendants.
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Appeal from a decree of the Circuit Court of Roanoke county, pronounced October 10, 1894, in a suit in chancery, wherein the appellants and others were the complainants, and the appellees were the defendants. This was a suit in equity to enjoin the defendant, A. Miner Wellman, executor of A. W. Miner, from the further prosecution of certain actions at law, then pending in the Circuit Court of Roanoke county, until the further order of said court to be made in said suit in equity. The bill charged fraud in the procurement of certain notes sued on in the actions at law, and denied all liability…
1Opinion of the CourtUiely, J.
We have no statutory provision commanding courts of equity to require, in any case, a confession of judgment as a condition of equitable interference with legal proceedings. The terms upon which injunctions are awarded by courts of equity, except where they are controlled by statutory enactments, are, in each case, a question for the discretion of the chancellor. It is not, however, an arbitrary discretion, but a discretion, as was said by Judge Bouldin in Great Falls Manfg Co. v. Henry’s Admr., 25 Gratt. 575, 579, “to be exercised on well established principles of equity and law, so as to…
2Cases cited2 opinions
- Great Falls Man. Co. v. Henry's Adm'rSupreme Court of Virginia · 1874
- Warwick v. NorvellSupreme Court of Virginia · 1842
3Cited by5 opinions
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- Kwass v. KerseyWest Virginia Supreme Court · 1954
- Kwass v. KerseyWest Virginia Supreme Court · 1954