Hemphill v. . Moore

At the appearance term of the court the plaintiff filed his complaint and the defendant filed her answer thereto, and an order of reference was entered. At the next succeeding term, in the course of the action, the plaintiff, in open court, moved, upon affidavit, deemed pertinent and sufficient, for an injunction. One of the counsel of the defendant appeared and opposed the motion.

The following is the material part of the case settled on appeal:

"Counsel for the defendant voluntarily entered an appearance for the purpose of resisting the motion for an order restraining the defendant until the…