Killian v. Cherokee County

(After stating the foregoing facts.)

It is insisted by the defendant that plaintiff was seeking and that the court granted a mandatory injunction, which can not be done by a court of equity in this State. It is undoubtedly true that a court of equity in this State can not by injunction compel a party to perform an act. It can only restrain the performance of acts in a proper case. Civil Code (1910), § 5499. So this court has held that “an interlocutory injunction which, if enforced, would result in the dispossession of the defendant and the admission of the plaintiff into the possession of the…