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· 3/15/1909

Steadman v. Butler

Citations

  • 95 Miss. 695
  • 49 So. 614

Syllabus

<p>Chancery Pleading and Practice. Injunction. Decree dissolving.</p> <p>Where an injunction restraining the execution of a judgment at law is dissolved on motion:—</p> <p>(а) The decree should be limited to the dissolution and the award of a personal decree on the injunction bond for such damages as the defendant may have sustained; and</p> <p>(б) It should not grant a personal judgment for the sum due on the judgment enjoined; since</p> <p>(e) Under Code 1906, § 622, so providing, the decree of dissolution has the force and effect of a judgment against the obligors on the bond, and, when certified to^the court in which the enjoined judgment was rendered, warrants the issuance of an execution by that court against them. ■</p>

Judges: Mates

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