Dudley v. Whatley

BROWN, Justice.

The appeal is from an interlocutory decretal order granting the defendant’s motion to dissolve the temporary injunction theretofore issued, and sustaining the demurrer to the bill.

The motion to dissolve is for want of equity in the bill, and upon the sworn answer denying, in part, the allegations of the bill and alleging affirmative defensive matters and proof by affidavit, the complainant submitting counter proof.

In determining whether or not the bill has equity the facts stated and not the manner of their statement are to be considered. Amendable defects apparent or suggested…