Foxworth v. Magee

Citations

• 48 Miss. 532

Syllabus

<p>1. Chancery practice. — An injunction to restrain, proceedings at law was sued out upon allegations of fraud and combination by tbe defendants to cheat. The defendants answered, denying all fraud or combination, and averring honesty and good faith in the suit at law; they also filed pleas to the bill, and they moved, upon the matters stated in the answer, to dissolve the injunction. The complainants excepted to the answer, demurred to the pleas, and set down the cause for hearing on the sufficiency of the pleas. In this attitude, and with no objection from complaintants, the cause was brought to hearing on defendants’ motion to dissolve the injunction and dismiss the bill. Held, that the complainant, if he had wanted to test the merits of his demurrer to the pleas, or of his exceptions to the answer, should have demanded a prior hearing upon them in the chancery court. Decree affirmed.</p>