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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.