George v. Caldwell
George v. Caldwell
Opinion of the Court
delivered the opinion of the court.
Appellees filed their bill in the court below, praying that appellant be enjoined from extending a warehouse, which he was then erecting, over a sidewalk, thereby obstructing same. Upon this bill a temporary injunction was granted, but which, on motion of appellant, was by the chancellor dissolved. When the cause came on for final hearing upon bill, answer, and proof, appellee’s bill was dismissed, and upon appeal to this court the decree of the court below was reversed, and a final decree entered here restraining the injunction and making it perpetual. The injunction, as reinstated, commanded appellant to refrain from further proceeding with the
The court below was without jurisdiction to render the decree appealed from. A final decree had been entered in this court, and the cause was at an end. It was remanded to the court below, not for further adjudication, but for execution, in accordance with section 4946 of the Code. Should the decree heretofore entered by this court be not of such character as to enable appellees to obtain the removal of the obstruction, as to which we express no opinion, nothing that has occurred will prevent a new ' proceeding from being instituted against the A. H. George Company; and as this court has already decided that the sidewalk is being unlawfully obstructed, appellees have no difficulty in obtaining the relief sought.
The decree of the court beloiv is vacated and held for naught.
Reference
- Full Case Name
- A. H. George v. J. H. Caldwell
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- 5 cases
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- Syllabus
- Supreme Court. Reversal. Code 1906, § 4946. Where a bill for an injunction is dismissed by the lower court and on appeal the decree is reversed and a final decree is entered in the supreme court making the injunction perpetual and in- accordance with Code 1906, § 4946, is certified to the court below for execution, the cause is at an end, and the court below has no further jurisdiction except to enforce the decree as rendered in the supreme court.