68 S.E. 465 | S.C. | 1910
June 28, 1910. The opinion of the Court was delivered by *161 This is an appeal from an order refusing to dissolve a temporary injunction.
The question raised by the exceptions, upon which the others are dependent, is, whether his Honor, the Circuit Judge, erred in ruling, that under the case of Cudd v. Calvert,
The rule is thus stated in Marion Company v. TilghmanCompany,
"When the sole purpose of an action is for an injunction, and a temporary injunction is essential to the assertion and preservation of a legal right, if established as alleged in the complaint, it would be error to refuse, or to set aside a temporary injunction. Alderman v. Wilson,
Thus showing that the Circuit Judge should have entertained the motion, and should have considered the answer of the defendant and his proposed affidavits, in determining whether the injunction was reasonably essential to the protection of the plaintiff's rights pending the litigation.
It is the judgment of this Court that the order of the Circuit Court be reversed.