Yale v. Baum

Mississippi Supreme Court October 15, 1892

Yale v. Baum, 70 Miss. 225 (Miss. 1892)

Cooper, Takes

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

The dismissal by the chancery court of the suit by Baum & Co. against the appellants and others, though made without prejudice, operated as a dissolution of the injunction, and entitled the obligees in the injunction bond to sue for its breach.

It is too late for the appellees to say that the injunction was rightly sued out; that it was not, is conclusively settled by the decree dissolving it. *

Judgment reversed.

Judge Woods takes no part in this decision.

Reference

Full Case Name: Yale & Bowling v. Joseph Baum
Cited By: 10 cases
Status: Published
Syllabus: InjunctiOjíí. Dissolution.' Dismissal without prejudice. Effect. The dismissal of an injunctipn suit at the hearing operates as a dissolution of the injunction, and entitles the obligees in the injunction bond to sue for a breach thereof. In such suit the decree of dismissal, though made ‘‘without prejudice,” is conclusive evidence that the injunction was wrongfully sued out.