Marshall v. Minter

Citations

• 43 Miss. 666

Syllabus

<p>1. Chanceby Pbactioe — Injunction.—Equity will regard a party applying for an injunction to restrain the execution of legal process, as proposing or consenting, that if such injunction be improvidently obtained, or the roliof asked shall be refused, tho party go axiplying will put his adversary in the same condition ho was at the time the injunction was granted.</p> <p>2. Same — Limitation.—Whore a judgment creditor is restrained by the interposition of a court of equity, it is inequitable that such restraint should be the means of depriving a party of a legal right, by continuing the injunction until the legal right is barred by limitation, and then dissolved.</p> <p>3. Equity — Remedies in Special Cases. — Where, on the dissolution of an injunction restraining oxecution of a judgment at law, it is found that the interest accrued on the judgment renders tire amount greater than the penalty of the injunction bond, though at law the responsibility of the obligors would be limited to the amount of the penalty a court of equity will substitute a romedy of its own, and allowinterest on the penalty of the injunction bond, to an amount not exceeding the principal and interest of the judgment.</p> <p>i. Same. — And when, on such dissolution, it is found that while executionhas been thus unjustly restrained by the act of the debtor, the judgment has been barred at law by the statute of limitation, though at law an injunction shall not, propria vigore, stop the bar of the statute, equity will again furnish a perfect romedy by enjoining the judgment defendant from pleading limitation.</p> <p>5. Gexebal Pbixciple. — Equity will afford relief against any logal advantage unconseiontiously obtained, or sought to be unconscientiously used.</p>