Evans v. Money
Evans v. Money
Opinion of the Court
delivered the opinion of the court.
A careful consideration of this case has led us to the conclusion that the chancellor did not err in sustaining the demurrer and dissolving the injunction. Appellant, however, contends that the chancellor erred in dismissing the bill of complaint in the decree sustaining the demurrer and dissolving the injunction.
Section 621 of the Code of 1906 is as follows: “When, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with costs, unless sufficient cause be shown against its dismission- at the next succeeding term of the court.” The hearing of the demurrer and motion to dissolve was before the chancellor in vacation. His decree and the record in this case
Considering the attitude of this case at the time of the rendition of the decree complained of, we do not believe that complainant’s rights have been prejudiced by reason of the chancellor’s entering in his decree that the bill was dismissed when he sustained the demurrer and dissolved the injunction.
Affirmed.
Reference
- Full Case Name
- R. L. Evans v. W. M. Money
- Cited By
- 3 cases
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- Syllabus
- Injunction. Dismissal before hearing. On dissolving Injunction. Code 1906, section 621. Under Code 1906, section 621, providing that “when, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with cost, unless sufficient cause be shown against its dismission at the next succeeding term of the court” it was not reversible error for the chancellor, on sustaining a demurrer to the bill in an action to enjoin the enforcement of a judgment by execution, to dissolve the injunction and dismiss the bill, as complainant by the statute was given until the end of the next term of the court opportunity to show cause why the dismissal should not be considered final and as the decision on the demurrer practically disposed of the case and an appeal was granted by the chancellor.