Penny v. Holberg
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. Where an injunction' is dissolved in whole or in part, no suit or action can be maintained on the bond until the final determination of the suit, else the same may be reinstated on final hearing, and we would have this anomaly, a good cause of action when suit brought, and no cause of action afterwards when the injunction has been reinstated.
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Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. Where an injunction' is dissolved in whole or in part, no suit or action can be maintained on the bond until the final determination of the suit, else the same may be reinstated on final hearing, and we would have this anomaly, a good cause of action when suit brought, and no cause of action afterwards when the injunction has been reinstated. High on Injunctions, § 981. The condition of the injunction bond is broken by the dissolution of the injunction in part as well as by a total injunction, so that a right of…
1Opinion of the CourtChalmers, J.
The suit was prematurely brought. It was an action upon an injunction bond given to restrain a sale of certain lands under an execution at law. Upon final hearing, the Chancellor dissolved the injunction as to a portion of the lands, and retained the cause for further investigation and consideration as to the balance. He granted an appeal from this decree to the Supreme Court, where the order was affirmed and the cause remanded for further proceedings touching the lands as to which no decree had been rendered. Thereupon, without waiting for the action of the Chancery Court in relation to said…
2Cases cited2 opinions
- Hanserd v. GrayMississippi Supreme Court · 1871
- Gray v. VeirsCourt of Appeals of Maryland · 1870
3Cited by13 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Large v. SteerSupreme Court of Pennsylvania · 1888
- Dougherty v. DoreCalifornia Supreme Court · 1883
- Browne v. Edwards & McCullough Lumber Co.Nebraska Supreme Court · 1895
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
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