Alexander v. Woods

Citations

• 115 Miss. 164
• 75 So. 772

Syllabus

<p>1. Judgments. Oonclusiveness. Matters not decided. Damages.</p> <p>Where a chancellor in dismissing a suit wherein a temporary injunction had been issued, did not pass upon the question of damages,- that matter was not res adjudicata.</p> <p>2. Injunction. Action for wrongful injunction. Dismissal of suit.</p> <p>Under Code 1906, section 624, providing that the party claiming damages upon the dissolution of an injunction may have the same determined and decreed by the chancellor, but that nothing contained in such section shall prevent the party from maintaining a suit on the injunction bond if his damages shall not be assessed as provided for in the act. Where a suit in which a temporary injunction had been issued was dismissed, which established the fact that the injunction had been wrongfully suea out, the defendants in such suit were entitled to recover damages on the bond, which they sustained by the issuance of the writ.</p> <p>3. Injunction. Dissolution by dismissal of suit.</p> <p>The dismissal of a bill in chancery operates as a dissolution of a temporary injunction granted thereunder.</p>