Ladonia State Bank v. McDonald

WILLSON, O. J.

(after stating the facts as above). The action of the trial court in sustaining appellees’ contention that it was without jurisdiction to hear and determine appellant’s suit was predicated on the requirement in article 4656, R. S. 1925, that:

“Writs of injunction granted to stay proceedings in a suit, or execution on a judgment, shall be returnable to and tried in the court where such suit is pending, or such judgment was rendered.”

Appellant insists, and 'we agree, that the statute was not applicable to the case made by its facts, and, therefore, that the action of said court was…