Gotelli v. Fountain
Mississippi Supreme Court
Appeal from chancery court of Harrison county. Hon. Y. A. Griffith, Chancellor., Suit'by A. Gotelli and others against W. P. Fountain and others for an injunction. From a decree dissolving the injunction and awarding damages, complainants appeal. Certainly the injunction was proper to prevent a sale of property to satisfy a judgment. The thing the chancery court should have done was to simply sustain the injunction and direct the circuit court case to be tried.
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Appeal from chancery court of Harrison county. Hon. Y. A. Griffith, Chancellor., Suit'by A. Gotelli and others against W. P. Fountain and others for an injunction. From a decree dissolving the injunction and awarding damages, complainants appeal. Certainly the injunction was proper to prevent a sale of property to satisfy a judgment. The thing the chancery court should have done was to simply sustain the injunction and direct the circuit court case to be tried. Certainly the chancery court could not render another money judgment with one judgment rendered in the justice court, and another…
1Opinion of the CourtCook, J.
Appellants exhibited their bill of complaint in the chancery court of Harrison county, seeking to enjoin the sále of personal property, levied on by virtue of an execution issued upon a judgment rendered in the justice court, and from a decree dissolving the injunction and awarding-damages this appeal is prosecuted.
We think the action of the court in dissolving- the injunction and awarding- judgment on the injunction bond for attorney’s fees was correct. However, the decree ordered the complainants to redeliver the property to the constable within titeen days from the date of the decree, and…
2Cases cited2 opinions
- Courtney Bros. v. John Deere Plow Co.Mississippi Supreme Court · 1920
- Steadman v. ButlerMississippi Supreme Court · 1909
3Cited by2 opinions
- Russ v. StockstillMississippi Supreme Court · 1929
- Eubanks v. W. H. Hodges & Co.Mississippi Supreme Court · 1968