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· 3/10/1898

Seabrook v. Mostowitz

Citations

  • 51 S.C. 433
  • 29 S.E. 202
  • 1898 S.C. LEXIS 28

Syllabus

<p>1. Appeau — Injunction.—An order dissolving a temporary injunction is appealable, when the injunction is essential to the assertion and preservation of a legal right.</p> <p>2. Circuit Judge — Chambers—Injunction—Chatted Mortgages. In a suit to perpetually enjoin the mortgagee of a chattel from selling same, a Circuit Judge, at chambers, cannot decide, on affidavits, the question of tender and satisfaction of the mortgage debt, alleged and denied in the pleadings.</p> <p>3. Injunction. — A temporary injunction should be continued when it is essential to the assertion and preservation of plaintiff’s rights, and when he has no other adequate remedy at law.</p>

Judges: Jones

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