Kimball, Raymond & Co. v. Alcorn & Fisher

Citations

• 45 Miss. 145

Syllabus

<p>1. Chancery—appeal—power to grant supersedeas—case in judgment.—Injunction was dissolved on motion, and appeal prayed and granted, but not to operate as a supersedeas of the order of dissolution. On the same day the complainants set the case for final hearing, on which the bill was dismissed, and complainants prayed and obtained from the chancellor, in open court, an order for an appeal to the supreme court, upon giving bonds, etc., to operate as a supersedeas of the order of dissolution: Held, that the supersedeas was properly granted, and a motion to discharge it was denied.</p> <p>2. Same—interlocutory decrees—chancellor’s power over.—The chancellor has jurisdiction over all interlocutory decrees, to recall, modify or vacate, according to the changing phases and exigencies of the litigation, until termination by final decree.</p> <p>3. Same—same —appeal prom PINAL decree dismissing injunction bill. —A suspensive appeal from a final decree dismissing an injunction bill suspends the dissolution of the injunction.</p> <p>4. Same —power op this court to discharge supersedeas.—If the chancellor permits a supersedeas where the statute does not warrant it, this court will not hesitate to discharge it.</p>