16 So. 2d 852 | Miss. | 1944
No point having been made as to the right of appeal, and the hearing having been upon bill, answer and proof, we entertained the appeal. Upon suggestion of error doubt as to the appealability suggested itself to us, and in response to request for briefs upon the point raised ex mero motu (Liberty Trust Co. v. Planters' Bank,
We have concluded, however, that an appeal does not lie from the order. The merits and controlling principles are not before us. The order of the learned chancellor is tantamount to a fiat for preliminary injunction. Its issuance was the sole object of the inquiry and the only relief granted. Alexander v. Woods,
In view of the foregoing conclusions, the former opinion is withdrawn and the appeal is dismissed.
Appeal dismissed. *311