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kinds of writs of injunction; but in respect to mandatory injunctions, which partake of the character of judicial process, it is a sound rule that a writ of this character should not issue unless the right to it is so satisfactorily shown that there can be no reasonable doubt of its propriety. The case made should be such that there can be no probability that the defendant can make a valid objection to it. Unless the grounds for a preliminary mandatory injunction be inexpungnable, it is the safer rule to hear both sides, before directing its issuance.
The grant of the preliminary mandatory injunction in this case was error. In fact, the case presented by the bill does not warrant an injunction of any sort; wherefrom the injunction is dissolved, and the case remanded for further proceedings .
Reversed and Remanded".
Source: Mississippi Reports of the Supreme Court Harrison County Law Library Gulfport, Mississippi
Contributor:
MR. NAP L. CASSIBRY 164 E. BEACH BLVD. #107 GULFPORT, MS. 39507
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