Hale v. Bozeman

Citations

• 60 Miss. 965

Syllabus

<p>1. Chancery Practice. Injunction against judgment at- law. Excess in judgment. Re-trial.</p> <p>Where the defendant in a judgment at law illegally rendered against him admits that the judgment is partly founded upon a just indebtedness, and claims that it is excessive merely, he is not entitled to restrain by injunction the collection of the judgment for the amount which he admits to be due. But as to the alleged excess in the judgment the plaintiff therein should bo required to retry his case, the injunction to be retained till the result is known, and the injunction-bond to stand as a security to the plaintiff for any amount which may be found due him, on such trial.</p> <p>2. Same. Injunction against judgment. New trial.</p> <p>In such ease, the Chancery Court, having obtained jurisdiction by virtue of the injunction, should try the issue as to the amount of the debt, and make a final disposition of the case.</p>