concluding that when the complaint is dismissed, there is nothing before the court upon which a temporary injunction can issue
How later courts described this case
- concluding that when the complaint is dismissed, there is nothing before the court upon which a temporary injunction can issue
Written by the judges who cited it.
The opinion
ROBERTS, Chief Justice
(dissenting).
In my opinion an order dismissing the bill with the right to amend continues the litigation until the period for amendment expires. The floating jurisdiction during such period is adequate to support a continuance of the temporary injunction particularly where a bond had been posted.
DREW, J., concurs.