Tillman v. Heard

Mississippi Supreme Court
Tillman v. Heard, 95 Miss. 238 (Miss. 1909)
48 So. 963
Mates

Tillman v. Heard

Opinion of the Court

Mates, J.,

delivered the opinion of the court.

The question presented by this record is confined to whether *240or not the action of the conxt in dissolving the injunction was correct.

On examination of the record, we find that there was never a valid injunction issued. The proceeding was one to stay proceedings at law, and by the express provision of section 609, C'ode 1906, the party applying for such an injunction is required to enter into- bond in double the amount of the debt sought to be enjoined. This bond was not given when the injunction was issued, and, although a decree of the court has since required complainant to execute the bond, no -such bond is yet to be found in the record.

We are bound, therefore, to affirm and remand. Affirmed.

Reference

Full Case Name
Jacob F. Tillman v. Frank A. Heard, Executors
Cited By
1 case
Status
Published
Syllabus
-Chancery Pleading and Practice. Injunction. Bond. Code 1906, § 609. An injunction to stay proceedings at law, although such proceedings be in the court of another state, was properly dissolved where the complainant failed to execute an injunction bond in double the sum sought to be collected, as required by Code 1906, § 609.