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5 Va. 332

Turner v. Scott

Supreme Court of Virginia

Decided June 13, 1827

Supreme Court of Virginia · decided 1827-06-13

This was an appeal from the Chancery Court of Fredericksburg. Turner and others filed a bill against Scott and others, to restrain the defendants from proceeding on two judgments at law obtained by one of the defendants. The Chancellor awarded the injunction until the answer comes in. Afterwards, the answer was filed; and the Chancellor, on motion, dissolved the injunction, and the plaintiffs appealed.

Decided 1827-06-13

¶1The Court pronounced the following opinion:*

¶2The Court is of opinion, that the injunction was not dissolved by the coming in of the answer, but was a subsisting *333injunction until it was dissolved by the subsequent order of the Chancellor: that the injunction was revived by the appeal allowed by this Court; and that it was improper in the appellees to proceed to execute the judgment at law, so long as the appeal is still depending in this Court, &c.; and that the appellee, John Scott, having reasonable notice of this order, do shew cause on, &c. why an attachment should not be awarded against him for his contempt in issuing, or causing to be issued, an execution on the judgment injoined, after notice of this appeal and service oí the writ of supersedeas. But, as this Court entertains some doubt, whether such improper conduct should be punished by this Court or the Court of Chancery, from which the appeal was prayed, the said John Scott, on shewing cause, will not. be precluded on this point.

¶3 The President absent.

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