Rogers v. Miller Peanut Company

Where a defendant, in answer to an equitable petition for injunctive relief, sets up a money demand, and asks a judgment therefore against the petitioner, and, after the grant of a temporary restraining order, the petitioner voluntarily dismisses his action, such a dismissal removes all equitable questions involved in the case, and the Court of Appeals and not the Supreme Court has jurisdiction of the writ of error.(a) The response, denominated a "plea of equitable estoppel," merely set forth reasons why the petitioner was estopped from urging a dismissal of the cross-action along with the…