Russell v. Zanone

AYERY, P. J. (W.S.)

(dissenting).

This is a suit from Part II of the Chancery Court of Shelby County, Honorable Ceylon B. Frazer, Chancellor, in which the original complainant, Rudolph Y. Russell, filed a bill in Chancery Court styled “Original Bill To Enjoin and Cancel Promissory Note”. After the prayer for process, which waives oath to answer, the original bill' prayed as follows:

“2 — -That at the hearing of this cause on the merits, that the Court enter a money judgment against the defendants, R. A. Zanone and John H. Lee, jointly and severally, for $1500.00.

“3 — That a writ of injunction…