Jackson v. Hardin
Jackson v. Hardin
Opinion of the Court
OPINION OF THE COURT BY
Overruling' motion.
.On final hearing the circuit court dissolved the injunction which had been obtained by appellants, granting them an appeal to this court, and on their motion that the injunction be continued in force pending the appeal he made an order continuing the injunction in force for sixty days from date of the judgment. The appeal is now pending in this court and is set for hearing on May 24th, but the sixty days will expire before that time, and appellants- have entered a motion that this court continue the injunction in force pending the appeal. Section 747 of the Civil Code of Practice is as follows: “An appeal shall not stay proceedings on the judgment unless a supersedeas be- issued. The provisions of the Civil Code concerning supersedeas on appeals shall not apply to- judgments granting, modifying, perpetuating or dissolving injunctions. "When an appeal shall be taken from any judgment granting, modifying, perpetuating or dissolving any injunction the court which rendered the judgment may, in its discretion, if the ends of justice so require, at the time the appeal is taken, make an order suspending, modifying or continuing the injunction during the pendency of the appeal, upon such” terms as to bond or otherwise, as
It will be observed that the statute limits the application to this court to revise the action of the circuit court as to continuing the injunction in force pending the appeal to “twenty days after the entry of such order.” The motion here was not made within twenty days after the entry of the order, and so comes too late. The motion is made under the statute. No other question presented. The motion therefore is overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.