Bowen v. Hoskins

Citations

• 45 Miss. 183

Syllabus

<p>1. CO-SURETIES —INTERPOSITION OF EQUITY IN FAVOR 01 A SURETY AGAINST his oo-surety in oertain cases. —Where one of two sureties has made, or is about to make, secret or fraudulent dispositions of his property, so as to throw the burden of the debt on Ms co-surety, the principal debtor being insolvent, a court of chancery, on the application of the surety thus endangered, will restrain such disposition, or relieve against it if made. The same aid will be afforded to a surety as against his co-surety, which will be granted to a surety against his principal in such case.</p> <p>2. Injunction —dissolution on bill and answer not decreed where JUSTICE REQUIRES INJUNCTION SHOULD BE RETAINED FOR THE COMING IN OF evidence. — A motion .to dissolve an injunction, resting on the answer only, before the proofs are in, is addressed very much to the sound discretion of the oourt; and, where the ends of justice will be better subserved by retaining the injunction until complainant has a fair opportunity to take testimony, it may be done, indulging complainant in no unnecessary delay.</p>