Jenkins & Cutchin v. Waller & Jordan

Citations

• 80 Va. 668
• 1885 Va. LEXIS 107

Syllabus

<p>1. Injunctions — Dissolution—Continuance.—It rests in the sound discretion of the court to dissolve an interlocutory injunction upon the coming in of the answer denying the equities of the bill, or to continue it to a final hearing on the merits, especially where fraud is the gravamen of the bill, or where dissolution would result in greater injury than continuance till hearing.</p> <p>2. Idem — Continuance—Cases at bar. — Mercantile firms having on hand large stocks of perishable goods, confessed judgments for large sums in favor of certain preferred creditors. Executions were issued and levied, and the goods advertised for sale. Unpreferred creditors bring their bill charging fraud in the confession of said judgments, usury in the debts whereon the judgments were founded, want of jurisdiction in the courts wherein they were confessed, etc., and obtain injunction to sale, and appointment of receiver to take charge of the goods, and sell same publicly or privately, upon giving bond in sufficient penalty. Judgment creditors present their answers to the bill, and move to dissolve injunction in vacation. No depositions had been taken; but affidavits sustain the allegations of the bill, and receiver had executed ample bond and taken possession of the goods. The motion to dissolve was overruled, and the injunction continued to the hearing on the merits, the decision of all questions being reserved until then :</p> <p>Held :</p> <p>Such action is sustained by sound judicial discretion under the circumstances, and should be affirmed.</p>