49 S.C. 325 | S.C. | 1897
The opinion of the Court was delivered by
This is a motion to dismiss an appeal from an order of Mr. Associate Justice Pope, and to dissolve the restraining order made by him in the above cause on November 30, 1896; said' motion is based upon the pleadings in the case and affidavit of J. C. Klugh, Esq. It seems from the pleadings herein that the original suit was commenced on September 26, 1896, for injunction. ' J. C. Klugh, as master of Abbeville County, had advertised a certain tract of land, described in the complaint, for sale on salesday in October, 1896. On the 24th.day of September, 1896, Mr. Associate Justice Pope granted an order requiring the defendants to show cause before him on October 14, 1896, why a preliminary order of injuction should not be granted, and the defendants restrained in the meanwhile from proceeding to sell. Upon the hearing, Justice Pope vacated the restraining order, and decided that he had no jurisdiction to grant an injunction in the case; from this order an appeal was taken by the plaintiffs, appellants, and pending said appeal, and after proper return had been made and filed in this Court, the order appealed from was made by Mr. Justice Pope. The motion to dismiss appeal is made on different grounds, and should be set out in the report of the case.
The judgment of the Court is, that the motion to dismiss appeal and to dissolve injuction is refused.