Foxworth v. Magee
Mississippi Supreme Court
Appeal from the chancery court of Marion county. McMillan, Chancellor. The opinion of the court states the case. It is a settled rule in chancery that an injunction, until dissolved, must be obeyed, even if wrongfully sued out. Kerr Inj. Eq. 638. It is equally well settled that a party in contempt for breach of injunction, shall not, before purging himself of the contempt, be heard on motion to dissolve the injunction, or take any steps in the cause.
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Appeal from the chancery court of Marion county. McMillan, Chancellor. The opinion of the court states the case. It is a settled rule in chancery that an injunction, until dissolved, must be obeyed, even if wrongfully sued out. Kerr Inj. Eq. 638. It is equally well settled that a party in contempt for breach of injunction, shall not, before purging himself of the contempt, be heard on motion to dissolve the injunction, or take any steps in the cause. A court will not lend its aid to one in contempt of court. Appellant had a right to preserve his judgment lien, and the condition of a replevin…
1Opinion of the Court
Simrall, J.:
Alexander E. Foxworth, administrator of the estate of Elizabeth Foxworth, deceased, filed a bill of injunction against Elisha, John and Charles Magee, Robert Toler, and Clinton Atkinson, alleging that the intestate, in her lifetime, recovered a judgment against Elisha Magee, Harrison Pope, and Ann E. Magee, administrators of the estate of Jackey Magee; and that at September term, 1869, of the Marion circuit court, the complainant sued out scire facias to revive the judgment, and on 24th September, 1869, he also obtained an attachment in aid of the scire facias, which was levied on…
2Cases cited1 opinion
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