Offut's ex'x v. Bradford
Offut's ex'x v. Bradford
Opinion of the Court
delivered the opinion op the court:
Although an interlocutory order merely dissolving an injunction is not a final decree, revisable by this court, yet a judgment for damages on the dissolution is final,
The personal judgment against the executrix, instead of being against the assets, is not apparently erroneous, because the injunction was in the appellant’s personal character, and for her own benefit as devisee; and, consequently, the judgment for damages cannot be reversed merely because it also is personal, nor can it be reversed on the ground that the appellant’s petition would, if filed in time, entitle her to the injunction, for it was not filed within three years after probate of the will and the qualification of the executrix, as required by statute.
Wherefore, we are constrained to affirm the judgment now appealed from.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.