Smith v. Holifield
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon. Sam Whitman, Chancellor. Bill for temporary injunction filed by W. W. Holifield against W. J. Smith. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. I fail to see how, on the proof in this case the chancellor was warranted in finding that the injunction- was rightfully sued out, or that this was a case for injunctive relief at all.
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Appeal from the chancery court of Jones county. Hon. Sam Whitman, Chancellor. Bill for temporary injunction filed by W. W. Holifield against W. J. Smith. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. I fail to see how, on the proof in this case the chancellor was warranted in finding that the injunction- was rightfully sued out, or that this was a case for injunctive relief at all. After we have read all the facts in this case we think the case is controlled by the case of North Lumber Company v. James H. Gary, 83 Miss., page 640,…
1Opinion of the CourtSmith, J.
Appellee, by his bill filed in the court below, sought and obtained a temporary injunction restraining appellant from cutting timber alleged to be the property of appellee, and prayed for an accounting for the value of timber previously cut. By the decree of the court below, appealed from, this injunction was made perpetual, and a master appointed to ascertain and report to the court the amount of damages sustained by appellee by reason of the cutting of his timber. This is an interlocutory and not a final decree, and consequently, if an appeal lies therefrom, it must be taken within the time…
2Cases cited3 opinions
- Barnard v. GibsonSupreme Court of the United States · 1849
- Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892
- Wilson v. PughMississippi Supreme Court · 1884