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97 Tenn. 406

Belcher v. Steele

Tennessee Supreme Court

Decided October 14, 1896

Tennessee Supreme Court · decided 1896-10-14

<p>Wbit of Error. Does not Me, when.</p> <p>A writ of error lies from final judgments and decrees only, and cannot, therefore, he successfully prosecuted from an interlocutory order refusing to dissolve an injunction.</p> <p>Code construed: §4911 (S.); § 3895 (M. & V.); (Í 3176 (T. & S.).</p> <p>Cases cited and approved: Gibson -u. Widener, 85 Tenn., 16; Younger v. Younger, 90 Tenn., 25; Gurley v. Railroad, 91 Tenn., 486.</p>

Decided 1896-10-14

Caldwell, J.

¶1Complainant filed the bill in this cause to restrain the defendant from alleged interferences with complainant’s possession and enjoyment of certain real estate. Preliminary injunction was issued and served.

¶2The defendant filed his answer, and thereupon asked a dissolution of the injunction. The Chan*407cellor overruled and disallowed that motion, and from his action in so doing the defendant sued out a writ of error before the Clerk of this Court.

¶3The Court of Chancery Appeals dismissed the writ of error as premature, and from the decree of dismissal the defendant has appealed to this Court.

¶4The action of the Court of Chancery Appeals was right. A writ of error will not lie from an interlocutory order refusing to dissolve an injunction. It lies from final judgments and decrees only. Code (M. & V.), § 3895; Gibson v. Widener, 85 Tenn., 16; Younger v. Younger, 90 Tenn., 25; Gurley v. Railroad, 91 Tenn., 486.

¶5Affirm.

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