Davis v. Hart

Citations

• 66 Miss. 642

Syllabus

<p>1. Res Judicata. Judgment on one of several notes. Same consideration.</p> <p>Where a series of notes are given by one person to another, based on the same transaction and consideration, a final judgment in a suit on either of the notes involving its consideration, is res judicata in any other suit between the same parties on any other of the notes.</p> <p>2. Injunction: Dissolution. Practice.</p> <p>On motion to dissolve on pleadings and evidence, where the answer under oath is responsive and denies the equity of the bill, and the complainant has failed to sustain his allegations by proof, and makes no application for further time to take testimony, it is proper to dissolve the injunction; and this although the five months for taking testimony has not expired.</p> <p>3. Chancery Pleading. Answer as evidence. Positive denial on information.</p> <p>The sworn answer of a defendant which is responsive and contains direct and positive denials is evidence for the defendant, although it be shown by evidence aliunde that in making it he had no personal knowledge of the facts. MOehee v. White, 31 Miss. 41, cited.</p> <p>4. Damages on Dissolution oe Injunction. Bight to sue on bond. Code 1880, § 1919.</p> <p>Although the defendant may claim damages in the chancery suit on dissolution of the injunction under l 1919 of the code, if the proof of damages is insufficient, it is no't error for the decree of dissolution to provide that it shall be without prejudice to the right of defendant to sue on the injunction bond for such damages. Penny v. Holberg, 53 Miss. 567 ; Qoodbar v. Dunn, 61 lb. 624; Code, $ 1919.</p>