Yale v. Baum
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. II. Terral, Judge. Appellants,Yale & Bowling, sued out an attachment against L. Solomon & Co., which was levied on certain goods. Joseph Baum & Co. claimed to have purchased the goods, and obtained an injunction restraining the plaintiffs from subjecting them to their attachment.
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From the circuit court of Lauderdale county. Hon. S. II. Terral, Judge. Appellants,Yale & Bowling, sued out an attachment against L. Solomon & Co., which was levied on certain goods. Joseph Baum & Co. claimed to have purchased the goods, and obtained an injunction restraining the plaintiffs from subjecting them to their attachment. The injunction suit was heard on pleadings and evidence, and a decree was entered therein dismissing the bill, “ without prej udice to either party.” Thereupon this action was brought by appellants against Baum & Co. and their sureties on the injunction bond, to…
1Opinion of the CourtCooper, J.
The dismissal by the chancery court of the suit by Baum & Co. against the appellants and others, though made without prejudice, operated as a dissolution of the injunction, and entitled the obligees in the injunction bond to sue for its breach.
It is too late for the appellees to say that the injunction was rightly sued out; that it was not, is conclusively settled by the decree dissolving it. *
Judgment reversed.
Judge Woods takes no part in this decision.
2Cited by10 opinions
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