Mummert v. Wiggin

The preliminary question we address is the finality for appellate purposes of an order of the Court of Chancery, denominated a “Final Order and Judgment” (the order), granting an injunction to the plaintiffs. The defendants have appealed, but no stay has been issued or a supersede-as bond posted. Among other rulings, the trial court specifically retained jurisdiction to enforce the terms of the injunction. In the absence of a stay, a court of equity retains inherent power to enforce its injunctions during the pendency of an appeal or at any other time. Thus, if the order was intended to be…