Canadian & American Mortgage & Trust Co. v. Fitzpatrick

Citations

• 71 Miss. 347

Syllabus

<p>1. Injunction. Dismissal of bill. Damages.</p> <p>Under § 573, code 1892, the defendant in an injunction may file, with his answer-or motion to dissolve, a suggestion of damages, and recover the damages in that suit if the injunction is dissolved. The complainant cannot prevent this by dismissing his bill, thereby compelling defendant to sue at law on the bond.</p> <p>2. Same. Re-instating case. Decree for damages.</p> <p>When, after the filing of such suggestion of damages, the complainant, without consent of the defendant, dismisses his bill in vacation, on motion of defendant, the case will be re-instated, to the end that the damages may be decreed.</p>