Holcomb v. Forsyth

On Rehearing.

BROWN, J.

Notwithstanding the defendants, appellants here, grounded their several motions to dissolve the temporary injunction on the want of equity in the bill and the denials in their several answers, and by so doing narrowed the issues of law and fact to be considered by the trial court, they now insist that this court, in view of the provisions of section 8311 of the Code of 1923, should have extended its consideration to the affirmative defenses as well. A mere statement of the questions answers the appellants’ contention.

As we have heretofore held the statute abrogated the…