Goodbar & Co. v. Dunn

61 Miss. 624 | Miss. | 1884

Campbell, C. J.,

delivered the opinion of the court.

Section 1919 of the Code of 1880 does not change the rule announced in Penny v. Holberg, 53 Miss. 567, that an action cannot be maintained on an injunction bond until the final determination of the case.

The only purpose and effect of the last clause of the section was to exclude the conclusion that the remedy provided by the section was a denial of the right before recognized to sue on the bond.

Judgment affirmed.