Sale v. Van Bibber

This action was brought to annul a will, and also to enjoin the proceedings of the executors during the pendency of the action of nullity.

The principal complaint made by the appellant in this case is, that the injunction was improperly issued, and that it ought to have been dissolved and damages decreed him for counsel fees as well as costs, instead of which he has been decreed to pay the costs.

The deputy Clerk was without the power to grant the injunction. Gerald v. Gerald, 6 An., 243; Wungerter v. White, ibid, 487.

*629The injunction having been issued by an incompetent person, and being a…