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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 414   View pdf image (33K)
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414 MCKIM v. ODOM.
for a dissolution on the coming in of their answers thereto alone,
in connexion with all the previous proceedings, (e)
Therefore it is Ordered, that upon the fact of the dismissal of
the said appeal, or other final termination thereof, whereby the said
injunction may be dissolved, being certified to the register of this
court, an injunction be issued as prayed by the aforesaid bill of
complaint. And that subpoenas now issue as in case of an amended
bill. And it is further Ordered, that at any time after the defen-
dants Law, Harrison, and Anderson, shall have filed their answers
to the said bill, the court will hear a motion to dissolve the said
injunction granted thereon; Provided, that ten days notice thereof
be given to the said complainants. And it is further Ordered, that
a copy of this order be endorsed upon or served with the said writ
of injunction hereby directed to be issued.
The appeal having been dismissed, an injunction was accord-
ingly issued as authorized by this order. After which the defen-
dants Law, Harrison, and Anderson, put in their answers separately
to this amended bill, in which they fully explained all the circum-
stances of the case, and positively denied the fraudulent trans-
actions as charged. The defendant Law denied that he was in a
condition of insolvency; but the defendant Harrison admitted that
he had obtained the benefit of the insolvent laws. Upon these
answers these defendants moved, according to the terms of the
order of the 20th of June, to dissolve the injunction.
4th September, 1828.—BLAND, Chancellor.—The motion for the
dissolution of the injunction heretofore granted in this case, stand-
ing ready for hearing, the solicitors of the parties were fully heard,
and the proceedings read and considered.
Upon the hearing of this motion, two affidavits were offered and
heard with a reservation as to the propriety of their being thus in-
troduced for any purpose. But since it is quite evident that they
have no material bearing upon the question now to be decided, I
deem it entirely unnecessary to express any opinion as to the
admission of such affidavits, under any circumstances, upon the
bearing of a motion to dissolve an injunction.
Whereupon it is Ordered, that the injunction granted by the
order of the 20th of June last, be and the same is hereby dissolved.
(e) Jones v. Magill, 1 Bland, 177.


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 414   View pdf image (33K)
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