10 U.S. 51
6 Cranch 51
3 L.Ed. 149
February Term, 1810
THIS was an appeal from an interlocutory decree of the circuit court of the district of Columbia, dissolving an injunction.
E. J. Lee, for the appellant.
The decree dissolves the injunction with costs; which is a final decree as to the costs. 2 Wash. 200. Davenport v. Mason.
The material facts of the bill are not denied nor admitted by the answer; they are, therefore, to be taken as true. The court below must, therefore, have proceeded on the ground that the original equity between the maker and payee of the note did affect the endorsee.
MARSHALL, Ch. J.
If the answer neither admits nor denies the allegations of the bill, they must be proved upon the final hearing. Upon a question of dissolution of an injunction they are to be taken to be true.
But the court has no doubt upon the question.
No appeal or writ of error will lie to an interlocutory decree dissolving an injunction.
Writ of error dismissed with costs.