Evans v. Money

Citations

• 104 Miss. 264
• 61 So. 309

Syllabus

<p>Injunction. Dismissal before hearing. On dissolving Injunction. Code 1906, section 621.</p> <p>Under Code 1906, section 621, providing that “when, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with cost, unless sufficient cause be shown against its dismission at the next succeeding term of the court” it was not reversible error for the chancellor, on sustaining a demurrer to the bill in an action to enjoin the enforcement of a judgment by execution, to dissolve the injunction and dismiss the bill, as complainant by the statute was given until the end of the next term of the court opportunity to show cause why the dismissal should not be considered final and as the decision on the demurrer practically disposed of the case and an appeal was granted by the chancellor.</p>