Wilder v. Kelley

Citations

• 88 Va. 274
• 13 S.E. 483
• 1891 Va. LEXIS 29

Syllabus

<p>Maxdajius'to Circuit Court Judge. — Where a circuit court judge refuses, to award an injunction, the remedy is by application, accompanied by the original papers and the order of refusal, to a judge of this court, who may review and reverse the action of the circuit court judge, and award the injunction; which injunction, so awarded, it is the province of the circuit court judge to enforce and restrain any disobedience thereto, by attachment or other proper process. Nor does it matter that the injunction in question is the second or supplemental bill for an injunction, since a motion to re-instate the injunction on additional evidence, is in the nature of an original application for an injunction ; and where the circuit judge refuses to enforce obedience to such injunction so awarded by a judge of this court;</p> <p>Held :</p> <p>The writ of mandamus will be issued.</p>