Town of Winstonville v. Demco Distributing Co.

HAWKINS, Chief Justice,

for the Court:

The Town of Winstonville has appealed a judgment of the Chancery Court of the second judicial district of Bolivar County placing it under a permanent injunction and finding it in violation of a preliminary injunction previously issued by the court on behalf of Demco Distributing Company and others. Because the chancery court, having prior thereto dismissed the cause as a stale case, had no jurisdiction to hear this action, we accordingly reverse and render judgment for the municipality.

FACTS

On November 1, 1983, the mayor and board of aldermen of…