Gilliam v. Allen
Supreme Court of Virginia
In this case, the plaintiff Gilliam, applied to the chancellor of the Richmond district, for an injunction, which was refused ; and an application being made to the judges of the court of appeals, it was granted by them. At a subsequent term of the court of chancery, a motion was made by the defendant to dissolve the injunction ; and it was accordingly dissolved. The plaintiff then took new evidence to support his bill; and moved the chancellor to reinstate the injunction.
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In this case, the plaintiff Gilliam, applied to the chancellor of the Richmond district, for an injunction, which was refused ; and an application being made to the judges of the court of appeals, it was granted by them. At a subsequent term of the court of chancery, a motion was made by the defendant to dissolve the injunction ; and it was accordingly dissolved. The plaintiff then took new evidence to support his bill; and moved the chancellor to reinstate the injunction. The chancellor, in vacation, denied the said motion. Whereupon, the plaintiff applied to the judges of the court of…
1Opinion of the Court
*415April 2.
Judge Brooke,
delivered tlie opinion of the court.
The court is of opinion, that the motion to reinstate the injunction in this case, on additional evidence tendered by the complainant, was in the nature of an original application for an injunction ¿ and that on the refusal of the chancellor to reinstate the injunction, an application to the judges of this court, or any of them, was proper, under the 44th section of the act entitled, « an act to reduce into one all acts and parts of acts, concerning the supe- “ rior courts of chancery,” according to the decision of this court, in the…
2Cited by1 opinion
- Wilder v. KelleySupreme Court of Virginia · 1891