Sanders v. Bledsoe
Sanders v. Bledsoe
Opinion of the Court
On Motion for Rehearing.
At a former day of this term we dismissed this appeal, upon the ground that it was prosecuted from a nonappealable order. In 'their motion for a rehearing, however, counsel for appellants have convinced us that it is from a final judgment, and not from an order overruling a motion to dissolve a temporary injunction. We were mislead by the novel proceeding which the judgment shows took place upon the trial. The judgment contains the following recitals:
“And thereupon came on for hearing the defendants’ motion to dissolve said injunction, and the court, after having- heard said motion and the evidence and the argument of counsel, is of the opinion that the intervener, the National Grand Lodge of United Brothers of Friendship and Sisters of the Mysterious Ten of North America, South America, Europe, Asia, and Africa, is the owner of the judgment involved herein, and through its National Grand Master and finance committee are entitled to control said judgment, and that the intervener and the plaintiff, W. F. Bledsoe, are entitled to the relief prayed for.
1 “It is therefore ordered,. adjudged, and decreed by the court that said motion of the defendants to dissolve said injunction be, and the same is hereby, overruled, to which ruling the defendants then and there excepted.
“It is further ordered, adjudged, and decreed that the injunction heretofore granted on the 27th day of November, 1914, as modified on the 26th day of February, 1915, be, and the same is, continued in full force and effect until the 1st day of August, 1915, to which ruling of the court the defendants then and there excepted.
“It is further ordered, however, that this judgment shall not, in any wise, affect the rights of the National Grand Lodge of the United Brothers of Friendship, etc., or the proper officers thereof, from enforcing or collecting said judgment at any time.”
The judgment heretofore entered, dismissing the appeal, will be set aside, and the case dismissed.
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Reference
- Full Case Name
- SANDERS Et Al. v. BLEDSOE
- Cited By
- 2 cases
- Status
- Published