Ruffin v. Commercial Bank

Citations

• 90 Va. 708
• 19 S.E. 790
• 1894 Va. LEXIS 50

Syllabus

<p>1. Injunction — Power of lower court. — Judge of lower court has no power when the case is at rules and that court is not in term, to increase the bond upon an injunction granted by a judge of this court after its refusal by the lower court, and its return and recordation therein, although it becomes in effect an order of that court, which might be acted upon as such by that court in term.</p> <p>2. Idem — Collateral security. — Where claim of adverse party is fully protected by collaterals, an order to increase an injunction bond, held error.</p> <p>3. Chancery Practice— TJsury. — To dismiss on the ground that the plaintiff has ample remedy at law, a bill filed under Code, $ 2822, against lender to discover the amount of money actually lent, &c., and its interest, and if the interest was more than lawful, that the lender shall recover only the principal and pay the costs: held, error.</p>