Lowenburg v. Klein
Mississippi Supreme Court
Appeal from chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Joseph Lowenbnrg against Joseph Klein and others for an injunction. From a decree dissolving a preliminary injunction and dismissing the bill, plaintiff appeals. While this action is in form asking for affirmative relief, it is in nature strictly a defensive one.
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Appeal from chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by Joseph Lowenbnrg against Joseph Klein and others for an injunction. From a decree dissolving a preliminary injunction and dismissing the bill, plaintiff appeals. While this action is in form asking for affirmative relief, it is in nature strictly a defensive one. Mr. Pomeroy, in the 2nd Volume of the Fourth Edition of his great work on Equity Jurisdiction, in discussing this whole question, applicable not only to the proposition in hand, but to several of' the others, uses this language, under the head of In…
1Opinion of the CourtW. H. Cook, J.
Joseph Lowenburg exhibited bis bill of complaint in the chancery court of Warren county against Joseph Klein and the People’s Savings Bank & Loan Company, seeking to enjoin the presentation and payment of a certain check for the sum of one thousand five hundred dollars, and praying for the cancellation of the check. A preliminary injunction was issued, and upon the final hearing there ivas a decree dissolving the injunction and dismissing the bill and aAvarding the defendant Klein one hundred fifty dollars as attorney’s fees, and from this decree the complainant prosecuted this appeal.
The…
2Cases cited5 opinions
- McWilliams v. PhillipsMississippi Supreme Court · 1875
- Woodson v. HopkinsMississippi Supreme Court · 1904
- Deans v. McLendonMississippi Supreme Court · 1855
- Hoover v. PierceMississippi Supreme Court · 1854
- Williams v. SimpsonMississippi Supreme Court · 1892
3Cited by15 opinions
- Price v. Purdue Pharma Co.Mississippi Supreme Court · 2006
- Johnson v. HowardMississippi Supreme Court · 1932
- Steven Edward Galle v. Isle of Capri Casinos, Inc.Mississippi Supreme Court · 2015
- Smith v. Industrial Constructors, Inc.Court of Appeals for the Fifth Circuit · 1986
- Jeff Cahn v. Copac, Inc.Court of Appeals of Mississippi · 2015
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