Derdeyn v. Donovan
Mississippi Supreme Court
From the chancery court of Warren county. Hon. W. P. S. Ventress, Chancellor. Mrs. Derdeyn, appellant, was complainant in the court below; Donovan, appellee, w'as defendant there. From a decree dissolving an injunction and awarding damages on complainant’s injunction bond, she appealed to the supreme court.
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From the chancery court of Warren county. Hon. W. P. S. Ventress, Chancellor. Mrs. Derdeyn, appellant, was complainant in the court below; Donovan, appellee, w'as defendant there. From a decree dissolving an injunction and awarding damages on complainant’s injunction bond, she appealed to the supreme court. The bill of complaint charged that appellee, Donovan, had recovered a judgment against E. Derdeyn, complainant’s husband, and others in the circuit court of Warren county, which has not been paid; that Donovan had caused an execution to be issued, which had been levied on certain lots in…
1Opinion of the Court · WhiteieldWhiteield, C. J.
This case presents a question of fact on conflicting testimony. The rule in such cases is that this court must accept the finding of the chancellor, unless it is clearly and manifestly wrong. We are not able to say that the finding of fact by the chancellor is manifestly wrong, and the decree is
Affirmed.
*698ON SUGGESTION OE ERROR.
Fra/nJt Johnston, for appellant, filed a lengthy suggestion of error, reviewing the evidence and making the following points:
It was error for the chancellor to award damages on the injunction bond in the interlocutory decree dissolving the injunction. This doctrine of…
Also in this document: Opinion of the Court · Whitfield.
2Cases cited2 opinions
- Penny v. HolbergMississippi Supreme Court · 1876
- Gray v. VeirsCourt of Appeals of Maryland · 1870
3Cited by4 opinions
- Rice Researchers, Inc. v. HiterMississippi Supreme Court · 1987
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
- Staple Cotton Co-Op. Ass'n. v. BorodofskyMississippi Supreme Court · 1925
- Rose v. BristerMississippi Supreme Court · 1927