Injunction Jurisdiction After Dismissal of Bill Nevada Statutory Provisions
Injunction Jurisdiction After Dismissal of Bill Nevada Statutory Provisions
United States. Circuit Court (4th Circuit)
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Upon the coming in of the answer, the defendant moved, on bill 10 answer, t dissolve the preliminary injunction, which motion was granted. An appeal was taken (Voni tin- /Wo 1 dissolving the injunction. There \v;is no dismissal of the hill; no final decree in the case. The appeal was from the it/fcr/oc/ifor;/ onlr. The case still remained in court, and the Chancellor had full authority to make any other order that the exigencies of the case demanded. In this condition of things, upon applicatio...n, and upon terms, he made a new order restraining for a brief time the destruction of the property in controversy. He did not continue the former injunction, but, as he says in terms, exer- cised a new and original jurisdiction in making the new order. That is not this case. Here the bill is dismissed absolutely, and the case "is wholly out of court. There is no suit pending in which any order can be made. It follows that the motion in the suit in equity must be denied. In the action at law, this court never had juris- diction to issue an injunction.
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