Evans v. Money
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jk,, Chancellor. Suit by E. L. Evans against W. M. Money. From a judgment for defendant, plaintiff appeals. In 1905 W. M. Money obtained two judgments against one Barrett in the court of a justice of the peace, and about two years later caused a writ of garnishment to be issued, naming E. L. Evans as garnishee.
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Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jk,, Chancellor. Suit by E. L. Evans against W. M. Money. From a judgment for defendant, plaintiff appeals. In 1905 W. M. Money obtained two judgments against one Barrett in the court of a justice of the peace, and about two years later caused a writ of garnishment to be issued, naming E. L. Evans as garnishee. Judgment by default was taken on this writ of garnishment, no answer issued, Evans filed a bill for an injunction to restrain the constable from levying the execution. His bill alleged that he did appear in response to…
1Opinion of the Court
Reej>, J.,
delivered the opinion of the court.
A careful consideration of this case has led us to the conclusion that the chancellor did not err in sustaining the demurrer and dissolving the injunction. Appellant, however, contends that the chancellor erred in dismissing the bill of complaint in the decree sustaining the demurrer and dissolving the injunction.
Section 621 of the Code of 1906 is as follows: “When, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with costs, unless sufficient cause be shown against its dismission- at the next…
2Cases cited1 opinion
- Bass v. NelmsMississippi Supreme Court · 1879
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