Smith v. Harrington
Mississippi Supreme Court
Appeal from the chancery court of Chickasaw county. Hon. AustIN Poulard, Ghancellor. Complainants filed their bill to enjoin a suit at law. The defendants demurred to the bill for several reasons, only one of which was sustained, because of an insufficient bond for the injunction, and the court dissolved the injunction, and retained the bill. The complainants asked leave to file a new bond, which was by the court refused.
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Appeal from the chancery court of Chickasaw county. Hon. AustIN Poulard, Ghancellor. Complainants filed their bill to enjoin a suit at law. The defendants demurred to the bill for several reasons, only one of which was sustained, because of an insufficient bond for the injunction, and the court dissolved the injunction, and retained the bill. The complainants asked leave to file a new bond, which was by the court refused. The complainants then asked leave to dismiss their bill, which was also refused, and complainants took their appeal to this court. This cause should he reversed, because, if…
1Opinion of the CourtTaRbell, J.
This is a proceeding in chancery to enjoin a suit at law. A bond for injunction was duly filed, but its approval does not appear of record. Upon filing the bond, however, a writ of injunction issued in due form. On the same day a demurrer to the bill was filed, and a motion was entered to dissolve the injunction.
This motion was sustained, and hence an appeal.
The following are assigned as causes of error:
1. In sustaining the demurrer to the bill because of a defective injunction bond.
2. Refusing to let the complainants file a new injunction bond and.retaining the “injunction” (bill?).
3.…
2Cases cited2 opinions
- Miller v. McDougallMississippi Supreme Court · 1870
- Boswell v. WheatMississippi Supreme Court · 1859