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· 10/15/1913

Austin Clothing Co. v. Posey

Citations

  • 106 Miss. 448
  • 64 So. 6

Syllabus

<p>Equity. Belief. Conformity to pleading. Paramount injunction.</p> <p>Where a hill in chancery prays .that a temporary injunction he issued restraining the sale of property under execution until the title to the same can be settled in a chancery suit then pending and that on a final hearing the injunction hill he made a part of the suit then pending in the chancery court, it was error for the chancellor, upon motion to dissolve the temporary injunction granted to stay the sale, to make it permanent, since there was no prayer for such relief in the hill.</p>

Judges: Peed

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